Those who interact with Americans know they speak "American." For us Israelis, this language isn't intuitive. Every word, action, or omission carries meaning, often indirect and hidden.
Therefore, it would be naive to examine the news about the US Department of Justice's decision to file a criminal complaint against Hamas leaders through a purely legal lens. These charges convey a message that Americans are sending, far beyond the legal process itself: It's a message to Hamas, Israel, the "mediators," regional countries, and even to the International Criminal Court in The Hague.
We can point to at least three clear and cumulative indications that there's more here than just charges: First, the precedent. Over the years, we at Shurat HaDin Israeli Law Center, which leads the legal fight against terror financing, represented hundreds of terror victims who hold American citizenship. We repeatedly demanded that the administration prosecute Hamas leaders. The Americans never filed criminal indictments against Hamas terrorists for murders in Israel, even when entire American families were wiped out in suicide bombings.
Second, the timing. The news came just days after the recovery of hostages' bodies, including that of Hersh Goldberg-Polin, whose parents spoke shortly before at the Democratic Convention.
Third, the identity of the accused. The list goes beyond the three terrorists that the International Criminal Court in The Hague sought to arrest. On the other hand, it only includes Hamas members.
So what's the message? Let's start with the mediating countries and regional states, including Turkey. The message to them is along the lines of: Think twice about hosting Hamas figures. You should also increase pressure on Hamas for a deal, because extradition orders are on the way.
For Hamas leaders outside Gaza, the message is also clear: The Philadelphi speech doesn't really change anything. The "leave it" will cost you dearly. As for the International Criminal Court – not only are Hamas terrorists the real culprits here, but countries will have to choose between extradition to the ICC or to the US.
Filing the charges sends a problematic message. The minor issue here is the expression of distrust in the Israeli judicial system, which has not dealt with Hamas members so far. The main point is that America is telling us in its way: Don't count on a change in approach.
Bottom line, there's nothing new under the sun. Biden paid lip service to the Democratic voter, the administration is using the charges to prepare the ground for a deal, limiting Israel but also giving it minimal backing. Even the murder of Americans won't release to Israel the bombs needed for its defense. It won't bring the administration to change its approach and finally allow Israel operational freedom to act in Gaza and Lebanon. A pity.
