Iran must be held accountable for supporting Hamas - opinion

Iran has already been found legally liable as a state sponsor of Hamas terrorist attacks carried out during the Second Intifada.

 Iran's Supreme Leader Ayatollah Ali Khamenei meets with Hamas leader Ismail Haniyeh in Tehran, Iran, in June. (photo credit: Office of the Iranian Supreme Leader/West Asia News Agency/Reuters)
Iran's Supreme Leader Ayatollah Ali Khamenei meets with Hamas leader Ismail Haniyeh in Tehran, Iran, in June.
(photo credit: Office of the Iranian Supreme Leader/West Asia News Agency/Reuters)

As the world witnesses the pain and destruction caused by Hamas in Israel in direct or indirect coordination with Iran and with its explicit financial support, the Islamic Republic must be held accountable for the killings, woundings, and hostage-taking of Israeli and other nationals, including many Americans, on Oct. 7.

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Twenty years ago, on April 30, 2003, I was one of the victims of a Hamas terrorist attack, a suicide bombing at Mike's Place, a popular live-music bar next to the US Embassy on the Tel Aviv beachfront, where I had been making a documentary about the bar. That attack was proclaimed by Hamas as a “martyrdom operation.”

Along with victims of 10 other Hamas terrorist attacks committed during the Second Intifada (2001-2004), including the 2002 Netanya Park Hotel Passover Seder massacre and the 2003 Jerusalem Bus 14 suicide bombing, I went to court as a plaintiff in the case of Baxter et al vs. Islamic Republic of Iran. We sued Iran in the US Federal Court in Washington DC as a "state sponsor of terrorism."

On Sept. 27, 2019, District Judge Royce C. Lamberth found Iran liable by “a preponderance of evidence.”

America needs to act right now and cut off Iran’s resources, isolate its aggression, and force it to pay damages to the thousands of victims in this month's Hamas massacre.

 People hold a Palestinian and Iranian flags as they celebrate in the street after Iran launched missiles at U.S.-led forces in Iraq, in Tehran, Iran January 8, 2020.  (credit: NAZANIN TABATABAEE/WANA VIA REUTERS)
People hold a Palestinian and Iranian flags as they celebrate in the street after Iran launched missiles at U.S.-led forces in Iraq, in Tehran, Iran January 8, 2020. (credit: NAZANIN TABATABAEE/WANA VIA REUTERS)

$6 billion in Iranian oil funds should be rescinded

Furthermore, releasing $6 billion to Iran last month in exchange for freeing the American hostages it had imprisoned is a despicable and cowardly financial maneuver and only encourages Iran’s bad behavior. That deal should be rescinded permanently and the money transferred into a fund to be distributed to the victims' families and survivors of this month's Hamas-Iran attack. The not-so-holy ayatollahs must pay for all the suffering they and their proxy Hamas inflict, until their deep, dirty coffers are empty.

I asked the attorneys in our case to weigh in on the Hamas terrorist attack.

“Heideman Nudelman & Kalik stands with all victims of terrorism, whom we have represented in litigation against the sponsors and funders of terror for over 20 years," the firm said. "We are devastated by the horrible atrocities that are being committed by Hamas against innocent Israeli citizens and that are being reported, recorded and shared over social media, and our hearts go out to all of the victims, as well as their families, friends and neighbors. There is no way to ever restore the lives lost or repair the permanent damage that will be inflicted upon the survivors, but rest assured, justice shall be pursued.”

In Baxter et al vs. Islamic Republic of Iran, Iran was held liable for its sponsorship of the terrorist attacks committed by Hamas. And Iran must be held accountable again to provide a way forward for the victims of state-sponsored terrorism.

Jack Baxter is a writer, director, producer and freelance journalist from New York City. He directed and produced the 1995 documentary "Brother Minister: The Assassination of Malcolm X." He and his wife Fran Strauss-Baxter are the producers of the documentary, "Blues by The Beach" (2004). He is the co-author of the graphic novel, "Mike's Place: A True Story of Love, Blues, and Terror in Tel Aviv" (2015). His documentary "The Last Sermon" (2020) was awarded the Prix de l'Espoir at the 6th International Human Rights Film Festival in Tunis, Tunisia.