The International Criminal Court building
The International Criminal Court buildingReuters

A relative of Shiri Bibas and her two young sons, Ariel and Kfir - abducted and ultimately murdered by Hamas terrorists on October 7, 2023 - has filed a formal complaint at the International Criminal Court (ICC) in The Hague, accusing Iran of genocide.

The complaint, submitted earlier this month on behalf of the Bibas family, charges the Islamic Republic with crimes against humanity, war crimes, and genocide. It names Iran’s Supreme Leader Ayatollah Ali Khamenei and IRGC Quds Force commander Esmail Qaani as responsible for aiding Hamas in its deadly assault.

“The IRGC, at the direction of the Iranian regime and specifically Khamenei and Qaani, knowingly and intentionally provided weapons to Hamas for the purpose of killing Jews, Israelis and other affiliated members of a protected group,” the filing states.

The Bibas children - red-headed toddlers whose faces became symbols of Israel’s anguish during the hostage crisis - were murdered with their mother while in Hamas captivity. Their bodies were returned as part of the hostage release deal earlier this year. Shiri’s husband, Yarden Bibas, was also abducted and released in February as part of the deal.

The complaint, filed by former US Justice Department war-crimes prosecutor Eli Rosenbaum and human-rights attorney Elliot Malin, demands ICC prosecutors open a formal investigation and issue arrest warrants for Khamenei and Qaani.

It cites Hamas’s own statements acknowledging Iranian support, alongside findings from US investigations into Tehran’s financing of regional terror groups.

Khamenei lauded the October 7 massacre but denied any Iranian involvement in it.

"The supporters of the Zionist regime (Israel) and some people in the usurping regime have been spreading rumors over the past two or three days, including that Islamic Iran was behind this action. They are wrong," the Iranian Supreme Leader said in a speech at a military academy three days after the attack.

Khamenei’s denial followed a Wall Street Journal report which claimed that Iranian security officials helped plan Hamas' attack and gave the green light for the assault at a meeting in Beirut.

Mohammad Javad Zarif, who briefly served as Iran’s Vice President earlier this year, also claimed that Iran had no knowledge of the October 7 massacre, while claiming that Tehran’s regional allies, including Hamas, often acted independently of Iran’s interests.

Though Iran is not a signatory to the ICC, the court has previously asserted jurisdiction over Gaza, raising the possibility of legal action against external actors. The ICC has yet to announce whether it will pursue the case.