Relative of Murdered Family Urges ICC Action on Iran, Hamas

The family of Shiri Bibas and her two young sons, Ariel and Kfir, who were murdered by Hamas terrorists after being taken hostage on Oct. 7, is pressing the International Criminal Court (ICC) to pursue justice against Iranian officials and Hamas leaders. Maurice Shnaider, Shiri Bibas' uncle, has taken the fight to the ICC, seeking accountability for what he describes as war crimes and crimes against humanity.

Legal expert Elliot Malin, president of Stratos Council, filed two cases with the ICC's Office of the Prosecutor in September and December 2025. The first case, filed on behalf of Shnaider, requested investigations and arrest warrants for two Iranian officials for alleged crimes against humanity, war crimes, and genocide committed in Israel and Gaza on or after Oct. 7, 2023. Malin argued that the Islamic Republic of Iran is the principal entity responsible for the actions of its proxies.

Shnaider’s filings highlight that his family has suffered losses across five generations due to acts intended to destroy Jewish people, including the Holocaust. He recounted witnessing his niece and her children being taken captive on Oct. 7, and later learning of their deaths. Shnaider’s sister and brother-in-law were also murdered in their home during the attacks.

Malin’s second case, filed in December 2025, sought investigations and arrest warrants for over a dozen Hamas members for alleged war crimes and crimes against humanity committed against Palestinians in Gaza. This filing also aimed to shed light on Hamas's criminal conduct against Palestinians, including the use of civilians as human shields and the torture of civilians, for which Malin stated there is extensive evidence.

Malin criticized the ICC, stating that its Chief Prosecutor, Karim Khan, oversaw the issuance of controversial arrest warrants in 2024 for Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant, alongside Hamas terror commander Mohammad Deif, for alleged war crimes and crimes against humanity. Malin contends that the ICC's actions demonstrated "selective justice."

"It is very clear that the Islamic Republic is the principal to these proxies who are operating as agents of the regime… and we should hold the Islamic Republic directly accountable," Malin said. He believes Hamas attackers’ own words prove they lacked a military objective on Oct. 7, targeting civilians with the stated intent of eliminating Jews.

Malin also criticized the justification of Hamas’s actions, stating, "The individuals now trying to justify Hamas’ actions on Oct. 7 are now justifying the actual crime of genocide."

According to the Office of the Prosecutor for the ICC, in response to inquiries about Malin's filings, the office is "actively investigating all crimes committed within the Court’s jurisdiction since 13 June 2014" in the Situation in the State of Palestine. The statement added that the investigation is ongoing, and evidence is being collected, emphasizing that the office operates independently and impartially according to the Rome Statute.

Despite the ICC's ongoing investigation statement, Malin expressed frustration over the lack of response to his specific filings, questioning the court's purpose if it fails to act on such allegations.

The ICC previously issued arrest warrants for senior Israeli and Hamas leaders for the crime against humanity of extermination. While warrants for Israeli leaders were denied, one was approved for Mohammad Deif, who had reportedly been killed prior to the warrant's issuance.

In response to perceived ICC overreach, U.S. Senator Marco Rubio recently imposed financial sanctions against the court, declaring, "Our message is clear: The United States and the American people are not subject to the jurisdiction of this fake ICC."