Full Breakdown
Relative of Bibas Family Seeks ICC Action Over Oct. 7 Hamas Killings
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The Bibas Tragedy and ICC Petition
On Oct. 7, 2023, Shiri Bibas and her two young sons—Ariel, 4, and Kfir, 9 months—were taken from their home during the Hamas-led assault on Israel and later killed while being held hostage in Gaza. The attack also claimed the lives of Shnaider’s sister and brother-in-law at Kibbutz Nir Oz.
Legal Filings by Elliot Malin
Legal analyst Elliot Malin, president of the Stratos Council, filed two separate petitions on Shnaider’s behalf. 7 events. A second petition, filed in December 2025, requests warrants for more than a dozen Hamas figures for alleged war crimes and crimes against humanity against Palestinians in Gaza. Malin argues that the ICC’s jurisdiction over Gaza obliges it to address crimes committed there, even when alleged perpetrators are from states not party to the Rome Statute.
ICC’s Current Investigation Status
The OTP emphasized that it does not disclose investigative details to protect the integrity of the process and the safety of victims, witnesses, staff, and cooperating parties.
Reactions from the Victims’ Family
Shnaider has said the ICC must “put a stop to it” and warned that failure to act would merit condemnation for bias.
Verbatim Quotes
- “They’re not talking about people who, in the course of combat or conflict, would be allowed to be targeted.” — Elliot Malin, legal expert
- “The goal there is to raise light of Hamas’ criminal conduct against Palestinians in Gaza,” — Elliot Malin, legal expert
- “The Office does not disclose details of the investigation to ensure the integrity of its processes and proceedings and to maintain the safety and security of all concerned, including victims, witnesses, the Office's staff and all those who cooperate with the Office and support its activities.” — Elliot Malin, legal expert