Maurice Shnaider, the uncle of Shiri Bibas, has filed two cases with the International Criminal Court seeking investigation and arrest warrants for Iranian officials and Hamas members. Shnaider, whose niece and her two young sons were killed by Hamas after being taken from their home on Oct. 7, 2023, argues the court has ignored the family’s suffering while pursuing Israeli leaders.
Shnaider retained Elliot Malin, president of Stratos Council, to submit the filings to the ICC Office of the Prosecutor. The first case, submitted in Sept. 2025, asked the court to look into allegations that two Iranian figures committed atrocities in Israel and Gaza starting from the day of the attack. Malin stated that the Islamic Republic acts as the principal to proxy groups and should be held directly accountable. The filing noted that Shnaider lost five generations of family to acts intended to destroy Jews, including during the Holocaust.
The second case, filed in Dec. 2025, sought investigation and arrest warrants for more than a dozen Hamas members for war crimes and crimes against humanity committed against Palestinians in Gaza. Malin argued that Hamas leaders must be held directly accountable for genocide, citing attacker statements that targeted civilians rather than military personnel. The filing also highlighted Hamas’ use of civilians as human shields and torture of Gazans.
Shnaider’s family suffered extensive losses on Oct. 7. His sister and brother-in-law were killed at Kibbutz Nir Oz, where they were burned inside their home. Shnaider described the condition of their remains as leaving hardly anything left for burial. He expressed grief over Bibas and her sons, Ariel, four, and Kfir, nine months old, who were murdered while held hostage.
Malin argued that the ICC has jurisdiction over Gaza because it is a state party to the Rome Statute, despite Iran not being a party. He criticized the court for not responding to either filing. In 2024, then-Chief Prosecutor Karim Khan issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, a decision Malin described as selective justice. Khan was later removed for misconduct.
The ICC Office of the Prosecutor stated in a response that it is actively investigating all crimes within its jurisdiction in the State of Palestine since June 13, 2014. The office said it continues to collect evidence and does not disclose investigation details to ensure the integrity of its processes and the safety of those involved. It affirmed that it carries out its mandate independently and impartially in accordance with the Rome Statute.
U.S. Secretary of State Marco Rubio imposed financial sanctions on the ICC earlier this month, calling it a fake court in a recorded video. Rubio stated that the United States and American people are not subject to its jurisdiction.