A lawsuit filed in a US federal court on Monday by Jewish Anti-Defamation League (ADL), alleges Hamas could not have carried out the October 7 atrocities against Israel without the support of Iran, Syria and North Korea.
The landmark litigation was filed on behalf of more than 100 victims of the Oct. 7 terrorist attack in Israel, which killed more than 1,200 people and led to the abduction of more than 250 people.
Jonathan Greenblatt, the CEO and National Director of the advocacy group ADL, told Iran International anchor Fardad Farahzad, that the goal is to hold the three countries accountable and to seek justice for the victims and their families.
It is also a means of recording the brutality perpetrated by Hamas and its supporters to combat disinformation in an age of “denialism”, said Greenblatt.
“We will prove beyond a reasonable doubt the role that Iran, Syria, North Korea have played in propping up and preparing, supporting and training Hamas, allowing them to commit on Oct. 7th the worst act of terrorism in generations, the bloodiest day experienced by the Jewish people since the Holocaust,” he said.
Iran has not just been an ally of Hamas, but has also provided material, financial and tactical support to its proxy group according to experts.
On October 26, 2023, US Congressman Bill Huizenga, the Chairman of the House Financial Services Subcommittee on Oversight and Investigations, stated that Iran funds roughly 93% of Hamas’ budget which is about $350 million dollars per year.
In 2018, the US State Department report stated that Iran funds around $100 million a year to groups like Hamas and Palestinian Islamic Jihad.
The evidence gathered was made up of open-source intelligence, and also evidence that was uncovered and not widely known, according to Greenblatt.
“North Korean armaments that were found on the ground in Gaza. And we've got more that we'll be sharing further. This is an explosive case, and it will be impossible for the regime to deny the role that it played in this horrible event,” he stated to Farahzad,
International human rights lawyer Gissou Nia said the inclusion of North Korea is unique, but not unheard of.
"There have also been actions against North Korea. They're not quite as frequent. We see that the actions against the Islamic Republic or the Syrian regime, far outstrip the number against North Korea. But this is not a first. And I think that the report about North Korean weapons that were allegedly used in Hamas's attack on Oct. 7th is what is precipitating, North Korea being included here.”
An Associated Press investigation in October stated that Hamas likely fired weapons produced by North Korea on Oct. 7. North Korea has previously denied the link.
The ADL’s 117 page complaint also seeks to establish that North Korea advised Hamas on its extensive tunnel network, which was used during the attack.
They are also trying to prove close ties between Syria and Hamas. During the decade-long Syrian civil war, Hamas, at one point sided with the opposition but Syrian President Bashar al-Assad restored ties with Hamas in 2022, under the guidance of Iran.
Nia said US nationals can bring a suit against Iran, Syria and North Korea which are three of the four countries listed on the US State Department’s State Sponsors of Terrorism.
Foreign governments are generally considered beyond the jurisdiction of US courts, but the terrorism exception to the Foreign Sovereign Immunities Act (FSIA) allows the courts to hold these countries accountable, where immunity is not absolute.
Since the US doesn’t have diplomatic relations with Iran, the US would effectuate service via the US Interests Sections, or with countries that are acting on behalf of these countries to make sure they are served.
Nia said typically these countries do not send any counsel to defend in the courts and that results in a ruling in favor of the plaintiffs. Families typically won't see the recovery in millions of dollars in assets from these three countries, said Nia.
“There are practically no Islamic Republic assets available in the US. There really aren't Syrian regime assets, nor are there North Korea assets. So they would not be getting those assets directly from the regimes at this point, and instead they would be paid out by a victims' fund,” she said.
Greenblatt told anchor Fardad Farahzad, that the families will get "some financial recompense” through the US Victims Fund of State sponsored terror and will receive “some degree of justice.”
The 2015 Justice for United States Victims of State Sponsored Terrorism Act established the US Victims of State Sponsored Terrorism Fund, whose funds can be disbursed to victims.
The ADL's Jonathan Greenblatt said the Islamic Republic regime "will pay for their crimes."