The International Criminal Court has so far turned a blind eye to the family of Shiri Bibas and her young sons, who were brutally murdered by Iran-backed Hamas terrorists after being forcefully taken from their homes during the Oct. 7 attack on Israel.
The Bibas boys — Ariel, four, Kfir, nine months, and their mother, Shiri — became the faces of the Israeli hostages held by terrorists in Gaza. All three were brutally murdered and now the mother's uncle, Maurice Shnaider, wants justice.
Before the court's Chief Prosecutor, Karim Khan, was removed for misconduct, Khan oversaw the issuance of controversial arrest warrants in 2024 for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant, and Hamas terror commander Mohammad Deif, alleging they had committed a variety of war crimes and crimes against humanity.
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Khan’s ICC only sought to grant "selective justice" according to legal expert Elliot Malin, who told Fox News Digital that he filed two cases with the Office of the Prosecutor in 2025 requesting warrants against the leaders he accuses of truly practicing war crimes, including genocide, in Israel and Gaza.
Malin, president of Stratos Council, filed his first case with the ICC in Sept. 2025. It requested that the court investigate and issue warrants for two Iranian officials for "crimes against humanity, war crimes and genocide committed in Israel and Gaza on and after Oct. 7, 2023." Malin said that "It is very clear that the Islamic Republic is the principal to these proxies who are operating as agents of the regime… and we should hold the Islamic Republic directly accountable."
The request for investigation and warrants was filed on behalf of Shnaider, whose filings say he has lost five generations of his family "to acts committed with the intent to destroy Jews," including the Holocaust.
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On Oct. 7, Shnaider told Fox News Digital that he turned on the news to see his niece, Shiri Bibas, "being taken away" with her young children into captivity. Bibas and her children were later murdered as hostages. Shnaider says that he prays that Bibas "didn’t witness how they did what they did to a four-year-old and a nine-month-old."
Shnaider’s sister and brother-in-law were also murdered at Kibbutz Nir Oz on Oct. 7. He explained that they "were burned inside the house in a brutal way that you cannot imagine, you cannot explain, you cannot answer." By the time of his sister and brother-in-law’s burial, he explained that "there was hardly anything left" to put in the caskets.
Shnaider says that the grief from the horrific losses of his family on Oct. 7 "doesn’t compute in my body," leaving him "choking" with tears. Though Shnaider acknowledges that he will never understand the rationale behind hate, he said that "the most I can do is fight them in the way I can." He believes it is now up to the ICC "to put a stop to it." If the ICC fails to do so, Shnaider says the court "should be condemned" for its bias.
While the case against Iranian leaders was filed on behalf of just the Shnaider family, Malin advocates filing a case on behalf of each family who lost relatives during the attacks of Oct. 7.
In Dec. 2025, Malin filed a second case, requesting investigation and arrest warrants for over a dozen Hamas members for a myriad of "war crimes, and crimes against humanity committed against Palestinians in Gaza."
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Malin says it is also important to hold Hamas leaders "directly accountable for the crime of genocide." He explained that Hamas attackers’ own words prove that there was no military goal during the Oct. 7 attacks, which largely killed civilians.
Malin said Hamas attackers told Oct. 7 victims that they would continue attacks into Israel "until there are no Jews left in Palestine," and during phone calls to family, an attacker celebrated specifically having killed Jews.
"They’re not talking about soldiers. They’re not talking about people who, in the course of combat or conflict, would be allowed to be targeted. They’re talking about civilians," Malin said.
Malin added that the individuals now trying to justify Hamas’ actions on Oct. 7 "are now justifying the actual crime of genocide."
The case against Hamas leaders also notes their particular role in the deaths of innocent Gazans during the conflict that followed Oct. 7. "The goal there is to raise light of Hamas’ criminal conduct against Palestinians in Gaza," Malin said. He pointed out Hamas’ use of civilians as human shields and their torture of civilians, which he says "we have years of evidence for."
Malin said that the ICC has not responded to either of the cases he has filed. "If we don’t shed light on that at the ICC and the ICC refuses to do anything about it, then the only question for me… is what is the purpose that you serve?"
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Malin argues that though the Iranian officials, one of whom was killed during the ongoing conflict with the U.S., were from a state that is not party to the statute, because the ICC has jurisdiction over Gaza, it is responsible for overseeing crimes committed there.
In response to questions about their response to Malin’s filings, the Office of the Prosecutor for the ICC told Fox News Digital, "On the Situation in the State of Palestine the Office of the Prosecutor (OTP) is actively investigating all crimes committed within the Court’s jurisdiction since 13 June 2014. The investigation is ongoing, and the Office continues to collect evidence in that context."
The statement added, "The OTP carries out its mandate independently and impartially, in accordance with its founding treaty, the Rome Statute," it continued. "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."
Malin said that Khan sought warrants against senior Israeli and Hamas leaders for the crime against humanity of extermination, which he described as "genocide without the intent [to commit genocide.]"
That warrant was denied for Israeli leaders, but ultimately approved for Deif, though he had been previously killed in an Israeli air strike.
Earlier this month, Secretary of State Marco Rubio imposed sweeping financial sanctions against the court. In a recorded video, Rubio charged, "Our message is clear: The United States and the American people are not subject to the jurisdiction of this fake ICC."
