Charges Against Hamas? The Hague Dismisses Proceedings Against Mohammad Deif

While Israeli leaders face indictments, senior Hamas officials have been eliminated – and the cases against them have been closed.

Mohammad Deif

The International Criminal Court in The Hague dismissed the proceedings against Mohammad Deif, the head of Hamas’s military wing, last night (Wednesday), seven months after he was eliminated in an accurate airstrike by the Israeli Air Force. Deif, who led the massacre on October 7, was wanted for war crimes and crimes against humanity, but the proceedings against him were closed after Hamas “confirmed” his assassination just at the end of last month.

The implication: Despite the terror attack on Israel and the atrocities committed, no senior Hamas official is facing criminal proceedings at the Court in The Hague. In contrast, Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant still face charges regarding IDF actions in the Gaza Strip.

Netanyahu and Gallant. Still Facing Charges for IDF Actions | Photo: Yonatan Sindel/Flash90

Waiting for Hamas Approval – Then Cancelling the Cases
In May 2024, the Chief Prosecutor of the Court, Karim Khan, sought to issue arrest warrants against Hamas officials, including Deif, Yahya Sinwar, and Ismail Haniyeh. However, with the elimination of each of them, the proceedings were canceled.

Sinwar was eliminated in October in Gaza during a clash with IDF forces, while Haniyeh was eliminated in Tehran at the end of July. However, unlike these two, in the case of Mohammad Deif, Hamas delayed its official announcement of his assassination. Only after the terrorist organization published an official statement at the end of January, alongside statements from Deif’s relatives and Israel’s announcement, was it conveyed that Prosecutor Khan provided the Court with “reliable information” confirming his death – and the proceedings were dismissed.

Netanyahu and Gallant Remain in the Crosshairs
Following the Court’s decisions, the result is that despite Hamas’s terror attacks, none of the organization’s leaders will face trial, while Israeli officials remain targets for legal proceedings. These decisions have sparked sharp criticism from many countries, especially from the United States.

U.S. President Donald Trump, who strongly responded to the Court’s decisions, imposed sanctions on Prosecutor Karim Khan personally and on the Court itself following the arrest warrants issued against Netanyahu and Gallant.

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