Bibas Family Relative Urges ICC to Act Against Hamas Leaders After Oct. 7 Murders

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The International Criminal Court (ICC) has not taken action on behalf of the family of Shiri Bibas and her two young sons, who were killed by Hamas terrorists after being abducted during the Oct. 7 attack on Israel.

The Bibas children—Ariel, 4, and Kfir, 9 months—along with their mother Shiri, became widely recognized symbols of Israeli hostages held by Hamas in Gaza. All three were murdered, prompting their mother’s uncle, Maurice Shnaider, to seek justice.

Previously, the ICC’s Chief Prosecutor Karim Khan—who was later dismissed for misconduct—issued contentious arrest warrants in 2024 targeting Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Hamas commander Mohammad Deif, accusing them of war crimes and crimes against humanity.

A photograph dated February 20, 2025, shows posters displaying portraits of Israeli hostages Shiri Bibas and her sons Ariel and Kfir, abducted from their home in Kibbutz Nir Oz during Hamas’ October 7, 2023 attack. (AFP via Getty Images)

Legal expert Elliot Malin criticized Khan’s approach, saying the ICC pursued only “selective justice.” Malin, president of Stratos Council, submitted two cases to the ICC in 2025 calling for warrants against Iranian officials responsible for supporting proxy groups involved in attacks on Israel and Gaza.

Malin’s initial filing in September 2025 requested that the court investigate and issue arrest warrants for two Iranian officials for “crimes against humanity, war crimes, and genocide committed in Israel and Gaza on and after Oct. 7, 2023.” He argued that Iran directly supports Hamas and other militant groups operating in the region.

The case was brought forward by Shnaider, who stated that five generations of his family have perished due to anti-Jewish violence, including the Holocaust.

During Hanukkah in Tel Aviv on December 9, 2023, candles were lit at Hostages and Missing Square in memory of the Bibas family—Shiri, her sons Ariel and Kfir, and husband Yarden—who were taken hostage by Hamas. (David Silverman/Getty Images)

Shnaider recounted watching news coverage of Oct. 7, seeing his niece Shiri being forcibly taken with her children. He expressed deep anguish over their fate, praying that she did not witness the atrocities committed against her sons.

He also described the murder of his sister and brother-in-law at Kibbutz Nir Oz, stating they were killed in a brutal manner with little left for burial. Overcome with emotion, Shnaider said he hopes to fight back through legal channels and urges the ICC to intervene, warning that failure to act would confirm the court’s bias.

An image shows the ICC flag flying outside its headquarters in The Hague, Netherlands, dated March 29, 2022. (Alex Gottschalk/DeFodi Images via Getty Images)

Although initially filed by Shnaider’s family alone, Malin plans to advocate for similar cases representing every family affected by the Oct. 7 attacks. In December 2025, he filed a second case seeking investigations into more than a dozen Hamas members accused of war crimes and crimes against humanity.

Iranian security personnel patrol during a period of heightened surveillance following widespread unrest across the country. (Stringer/Getty Images)

Malin emphasized the importance of holding Hamas accountable for the crime of genocide, citing recorded statements from attackers indicating deliberate targeting of Jewish civilians without military objectives. During phone calls home, some assailants celebrated killing Jews, reinforcing claims of genocidal intent.

Hamas operatives escort Israeli hostages during a prisoner exchange facilitated by international mediators in Gaza. (TPS-IL)

Additionally, Malin highlighted Hamas’ mistreatment of Palestinians within Gaza, including using civilians as human shields and perpetrating acts of torture—crimes documented over several years—and called upon the ICC to examine these violations alongside those committed against Israelis.

When contacted regarding responses to Malin’s submissions, the ICC Office of the Prosecutor referred to ongoing investigations into crimes under its jurisdiction since June 13, 2014, particularly concerning the situation in Palestine. While confirming the independence and impartiality of its operations, it declined to disclose specific details to preserve investigative integrity.

Iran’s Supreme Leader Ayatollah Mojtaba Khamenei speaks publicly amid escalating regional tensions. (Fox News)

Despite Khan’s earlier efforts to secure warrants for top Israeli and Hamas figures, including seeking charges for extermination—an act Malin likened to “genocide without intent”—the request for Israeli leaders was denied, though one warrant was approved for Deif before his death in an Israeli strike.

Beth Bailey covers United Nations affairs, global antisemitism, and conflicts around the world for Fox News Digital.

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