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"We could, at any time, simply stop providing weapons to a far-right nationalist state intent on genocide. Instead, we just filed criminal charges against Palestinian militants who fought back," one professor lamented.
The U.S. Department of Justice on Tuesday unsealed terrorism and other criminal charges have been filed against half a dozen senior members of Hamas, the Palestinian resistance group that governs the Gaza Strip, and whose militant arm led the October 7 attacks on Israel.
The DOJ said in a
statement that the six individuals "are senior leaders of Hamas responsible for planning, supporting, and perpetrating Hamas' October 7 terrorist attacks in Israel resulting in the brutal murders of more than a thousand innocent civilians, including over 40 American citizens."
In announcing the charges, U.S. Attorney General Merrick Garland said that "the Justice Department has charged Yahya Sinwar and other senior leaders of Hamas for financing, directing, and overseeing a decadeslong campaign to murder American citizens and endanger the national security of the United States."
"On October 7, Hamas terrorists, led by these defendants, murdered nearly 1,200 people, including over 40 Americans, and kidnapped hundreds of civilians," he continued. An unknown number of Israelis were killed by so-called "friendly fire" and under the Hannibal Directive, which allows Israeli forces to kill Israelis rather than let them fall into enemy hands.
"This weekend, we learned that Hamas murdered an additional six people they had kidnapped and held captive for nearly a year, including Hersh Goldberg-Polin, a 23-year-old Israeli American," Garland said. "We are investigating Hersh's murder, and each and every one of Hamas' brutal murders of Americans, as an act of terrorism."
"The charges unsealed today are just one part of our effort to target every aspect of Hamas' operations," he added. "These actions will not be our last."
International Criminal Court Prosecutor Karim Khan has applied for warrants to arrest Sinwar plus two other men charged on Tuesday: Ismail Haniyeh, the Hamas political leader assassinated in Tehran in July, and Mohammed Deif, who led the group's militant arm. Israel also claims to have killed Deif.
The men are wanted for alleged crimes including extermination and rape. Khan also wants to arrest Israeli Prime Minister Benjamin Netanyahu and Yoav Gallant, his defense minister, for alleged crimes including extermination and forced starvation.
Israel is already on trial for genocide at the International Court of Justice. Israel’s obliteration of Gaza has left more than 145,000 Palestinians dead, wounded, or missing and millions more displaced, sick, and starving.
Despite this, the Biden administration continues to provide Israel with billions of dollars in weapons, diplomatic cover in the form of United Nations Security Council cease-fire resolution vetoes, and repeated genocide denials.
Responding to the new DOJ charges, Liam O'Mara, a history professor at Chapman University in California, said: "Our government doesn't want peace in Palestine. It never has. We could, at any time, simply stop providing weapons to a far-right nationalist state intent on genocide. Instead, we just filed criminal charges against Palestinian militants who fought back."
"I cannot ignore what happened here over the past 24 hours, taking my words out of context," said Noa Argamani. "As a victim of October 7, I refuse to be victimized once again by the media."
An Israeli woman kidnapped by Hamas militants on October 7 and held hostage for 245 days before being rescued lashed out on Friday at Israeli media outlets that twisted her words to make it seem as if she was wounded by her captors when in reality she was injured in an attack by the military in which she once served.
Responding to reports in outlets including The Jerusalem Post—which on Thursday ran the headline "Hamas Beat Me All Over"—Noa Argamani said on Instagram that "I can't ignore what happened in the media in the last 24 hours."
"Things were taken out of context," the 26-year-old navy veteran from Be'er Sheva said of her earlier comments to Group of Seven diplomats in Tokyo. "I was not beaten... I was in a building that was bombed by the Air Force."
"I emphasize that I was not beaten, but injured all over my body by the collapse of a building on me," Argamani added. "As a victim of October 7, I refuse to be victimized once again by the media."
Prominent Israelis including President Isaac Herzog and pro-Israel voices around the world including writer Aviva Klompas and the Australia Israel and Jewish Affairs Council amplified the false claim that Argamani was "beaten" by her captors.
Argamani was partying with her boyfriend Avinatan Or at the Nova rave near the Gaza border when the festival was attacked by Hamas-led militants in the early morning hours of October 7. In now-famous video footage, she is seen begging, "Don't kill me!" as her captors whisk her away toward Gaza on a motorcycle. Or was also kidnapped and is believed to still be in Hamas custody.
"Every night, I was falling asleep and thinking, this may be the last night of my life," Argamani said Thursday of her time in captivity.
Argamani was one of four Hamas captives rescued during a June raid on the Nuseirat refugee camp in Gaza, an operation in which Israeli forces killed at least 236 Palestinians, most of them women and children. Three other Israeli hostages taken from the Nova rave were also rescued in the raid.
"It's a miracle because I survived October 7, and I survived this bombing, and I also survived the rescue," Argamani said in Tokyo on Thursday.
Argamani's rescue fulfilled a dying wish from her mother, who had terminal cancer, to be reunited with her daughter before she passed. Argamani was also freed on the birthday of her father, Yakov Argamani, who, from the start of the hostage ordeal, urged Israeli leaders to eschew revenge after the October 7 attack.
There are believed to be around 109 Israelis and others still held captive by Hamas in Gaza. Argamani implored the government to make freeing them its top priority.
"Avinatan, my boyfriend, is still there, and we need to bring them back before it's going to be too late," she said Thursday. "We don't want to lose more people than we already lost."
More than 1,100 Israelis and others including Thai farmworkers were killed on October 7, at least some of them in so-called "friendly fire" attacks by Israeli forces. The Israel Defense Forces (IDF) employed a protocol known as the "Hannibal Directive" authorizing lethal force against Israeli soldiers in order to prevent them from being taken prisoner by enemy forces. More than 240 Israelis and others were abducted by Hamas and other militants.
Freed hostages have recounted being fired upon by Israeli aircraft as they were being taken by Hamas militants to Gaza. One former captive said in December that "every day in captivity was extremely challenging. We were in tunnels, terrified that it would not be Hamas, but Israel, that would kill us, and then they would say Hamas killed you."
Numerous Israeli hostages have been killed by their would-be rescuers, including a trio of men who managed to escape from their captors and were waving white flags and shouting for help in Hebrew when they were shot dead by IDF soldiers in Gaza in December, and five Israelis who likely suffocated to death due to a fire sparked by an Israeli assault six months ago on the tunnel where the hostages were being held.
In contrast to former Palestinian prisoners held by Israel—who, along with Israeli whistleblowers, have reported systemic torture, rape, starvation, and even murder committed by their captors—numerous Israelis kidnapped by Hamas have reported being relatively well treated. Other former hostages said they were physically, sexually, and psychologically abused.
Taking civilian hostages is a war crime in itself.
Israel's 322-day retaliation for October 7 has left at least 144,000 Palestinians dead, wounded, or missing. Nearly all of Gaza's 2.3 million people have been forcibly displaced by Israel's bombardment and invasion, which has flattened much of the coastal enclave. A crippling siege has pushed hundreds of thousands of Gazans over the brink of starvation, with at least dozens of children dying of malnutrition, dehydration, and lack of medical care. Preventable diseases including measles, hepatitis, and polio threaten public health not only in Gaza but also in Israel and other neighboring nations.
Israel is currently on trial for genocide at the International Court of Justice.
IDF soldiers were reportedly ordered to "turn the area around the border fence into a killing zone."
The Israeli newspaper Haaretzreported Sunday that Israel's military repeatedly employed a protocol known as the "Hannibal Directive" during the October 7 Hamas-led attack in an attempt to prevent the kidnapping of Israeli soldiers—even if it meant putting the lives of army captives and civilians at risk.
Haaretz found based on documents and interviews with soldiers and senior Israeli officers that Hannibal—an operational order developed in 1986 that "directs the use of force to prevent soldiers being taken into captivity" by enemy militants—was used "at three army facilities infiltrated by Hamas, potentially endangering civilians as well."
During the first hours of the Hamas-led attack, according to Haaretz, Israeli soldiers were given an order: "Not a single vehicle can return to Gaza."
"At this point, the IDF was not aware of the extent of kidnapping along the Gaza border, but it did know that many people were involved," the newspaper continued. "Thus, it was entirely clear what that message meant, and what the fate of some of the kidnapped people would be."
The full text of the Hannibal Directive has never been published. But according to a Haaretz story about the directive from more than two decades ago, part of it states that "during an abduction, the major mission is to rescue our soldiers from the abductors even at the price of harming or wounding our soldiers."
"Light-arms fire is to be used in order to bring the abductors to the ground or to stop them," it adds. "If the vehicle or the abductors do not stop, single-shot (sniper) fire should be aimed at them, deliberately, in order to hit the abductors, even if this means hitting our soldiers. In any event, everything will be done to stop the vehicle and not allow it to escape."
Israeli authorities have acknowledged "multiple incidents of our forces firing on our forces" on October 7. In April, Israel's military said that one of the hostages taken by Hamas militants during the October attack was likely killed by Israeli helicopter fire.
But the IDF, which has killed more than 38,000 people in Gaza since October 7, has declined to say whether Hannibal was used during the Hamas-led attack.
Haaretz stressed Sunday that it "does not know whether or how many civilians and soldiers were hit due to these procedures, but the cumulative data indicates that many of the kidnapped people were at risk, exposed to Israeli gunfire, even if they were not the target."
The first of the known uses of the Hannibal Directive on October 7 came "when an observation post at the Yiftah outpost reported that someone had been kidnapped at the Erez border crossing, adjacent to the IDF's liaison office," Haaretz reported.
"'Hannibal at Erez' came the command from divisional headquarters, 'dispatch a Zik.' The Zik is an unmanned assault drone, and the meaning of this command was clear," the newspaper found.
The directive was employed at least two additional times during the attack, according to Haaretz, which cited one unnamed source in Israel's Southern Command as saying that the country's forces were instructed to "turn the area around the border fence into a killing zone, closing it off toward the west."
The newspaper continued:
One case in which it is known that civilians were hit, a case that received wide coverage, took place in the house of Pessi Cohen at Kibbutz Be'eri. Fourteen hostages were held in the house as the IDF attacked it, with 13 of them killed. In the coming weeks, the IDF is expected to publish the results of its investigation of the incident, which will answer the question of whether Brig. Gen. Barak Hiram, the commander of Division 99 who was in charge of operations in Be'eri on October 7, was employing the Hannibal procedure. Did he order the tank to move ahead even at the cost of civilian casualties, as he stated in an interview he gave later to The New York Times?
Haaretz's reporting comes weeks after a United Nations investigation concluded that the IDF "had likely applied the Hannibal Directive" on October 7, killing more than a dozen Israeli civilians.