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.]"

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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."

Sea mines have resurfaced as a threat in the Strait of Hormuz, where Iran claimed Oct.17 that two oil tankers caught fire after striking the explosives, raising fresh alarms over the safety of one of the world's most critical shipping lanes.

This came as the International Maritime Organization (IMO) warned that sea mines pose a serious threat to vessels navigating the strategic waterway and while Tehran continues to maintain its own unauthorized shipping corridor inside its territorial waters.

"The traffic separation scheme, the information that we have is that they still have mines. And of course, whilst the conflict is ongoing, it's very difficult for us to use third parties to verify that it is clear of these hazards," IMO Secretary-General Arsenio Dominguez told Fox News Digital.

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"So in the meantime, we cannot guarantee that a vessel that intends to transit that route will not be hit by a mine."

Iran's Islamic Revolutionary Guard Corps (IRGC) navy said Saturday that two oil tankers caught fire after striking naval mines while crossing the Strait of Hormuz, Reuters reported, citing Iran's official Islamic Republic News Agency (IRNA).

State media also said both tankers were carrying about 2 million barrels of crude oil, according to Reuters.

IRNA also reported that the vessels had switched off their positioning and radar systems and attempted to use a route through the strategic waterway that Iran had not authorized.

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The second tanker was left immobilized after striking a mine, according to the Reuters report.

The alleged strikes came as Tehran continued to maintain its transit passageway inside Iranian territorial waters, imposing tolls and safety fees administered by the IRGC — a framework rejected by Washington and the IMO as inconsistent with international maritime law.

International shipping through the narrow chokepoint has historically relied on an IMO-approved traffic separation scheme adopted in 1968.

"Right now there's only one route that was adopted back in 1968 that is approved and recognized for IMO and that appears in all the charts for the vessels to operate," Dominguez explained.

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"There's only one route that should be used for transit, but it's not clear of mines right now, so it's not safe."

"We have received confirmation from Iran about the establishment of its temporary route in the waters," he added before stating that the route was not provided with "an official confirmation or a decision of the organization."

"Any other route needs to actually be sent to the organization to go through the processes, and we have not received that."

"We have received communication from Iran to use that route because of the conflict," Dominguez clarified.

"That's the way that it's been presented. But anything for us to approve needs to go through the mechanisms at the international maritime organizations and the member states need to review it."

The developments also came amid stalled negotiations between Washington and Tehran over ending the conflict and restoring maritime traffic.

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Mohsen Rezaei, secretary of Iran's Supreme National Security Council and a former Revolutionary Guard commander, said Tehran considered Washington's latest response to negotiations "insufficient," Reuters reported, according to IRNA.

Rezaei said the U.S. had accepted some of Iran's seven conditions but that other issues remained unresolved, adding that Tehran was no longer responding to Washington and that the U.S. needed to clarify the outstanding matters.

Iranian Foreign Minister Abbas Araghchi said that Tehran had submitted a proposal to Washington through Qatar, which is mediating the negotiations, outlining conditions under which the Strait of Hormuz could reopen and normal maritime traffic resume within seven days.

"Our situation is clear and based on ⁠the seven-day proposal presented to the US. They shared comments which ​we are reviewing, but our proposal is still on the table ​and if there is any honesty on the US part, which there isn't, the way to reopening the Strait of Hormuz is obvious," Araqchi said in ​Baghdad, Reuters reported

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Meanwhile, attacks on commercial vessels around the Strait of Hormuz have surged over the past two weeks.

Senior Iranian officials also told Reuters that Tehran has shifted its strategy for attacking commercial vessels during that period.

For commercial shipping operators, Dominguez warned that the continued threat of mines and attacks means the waterway has yet to return to normal operations.

The Strait of Hormuz is "not open for business in the way that it was before the conflict started," he said.

"Our role right now is to prepare for when we have the opportunity to go back, resume the operations, follow all the procedures at IMO, but not until the root causes are addressed and those are beyond IMO."

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Fox News Digital reached out to U.S. Central Command (CENTCOM) for comment.

Thousands of sailors remain stranded near the Strait of Hormuz amid escalating attacks on commercial ships, the United Nations' top maritime official warned Sunday after Iran accused the U.S. military of using an international emergency radio channel to threaten civilian crews.

The warning also came amid reports that 24 ships had been attacked on the waterway over roughly two weeks, underscoring growing concerns about maritime safety in the region, according to Financial Times.

"The situation continues to be severe and critical when it comes to international shipping," International Maritime Organization (IMO) Secretary-General Arsenio Dominguez told Fox News Digital.

"There is a double blockade and too many vessels have been attacked, particularly in recent days.

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"Seafarers have continued to perish in these attacks and around 6,000 seafarers remain trapped since the beginning of the conflict," he warned, adding that his message was not to transit the Strait of Hormuz or put seafarers at risk "until we have guarantees."

Dominguez's warning followed an Oct. 9 letter to the IMO in which Iran alleged that the U.S. military used VHF Channel 16, an internationally designated maritime distress and safety channel, to intimidate Iranian crews in the Persian Gulf.

"VHF Channel 16 has been repeatedly occupied for prolonged periods by the United States military forces operating in the Persian Gulf," the letter stated.

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"During such transmissions, Iranian seafarers have been addressed in Persian with threatening, abusive and provocative language and in certain instances urged to abandon their vessels."

In a statement to Fox News Digital, U.S. Central Command defended its enforcement of the naval blockade of Iranian ports.

"The U.S. naval blockade has been in place for months and is professionally communicated to all international mariners," CENTCOM said.

"Vessels that refuse to comply with blockade enforcement receive multiple warnings, with ample opportunity to comply.

"American forces remain highly vigilant, focused and professional while fully enforcing the naval blockade against Iran."

Iran's complaint was submitted by Seyed Ali Mousavi and its ambassador to the IMO and circulated to member states on Oct. 9, according to a copy reviewed by Fox News Digital.

Tehran also accused American forces of turning the maritime safety channel into an "instrument of military intimidation and psychological pressure against civilian crews."

The letter cited commercial vessels, shipping companies and maritime operators but provided no recordings, transcripts or specific details of the alleged exchanges. Fox News Digital could not independently verify the accusations.

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"Seafarers are not trained for combat, and they are not guilty of any conflicts that are happening around the world," Dominguez said.

"And we have seen this in several parts of the world where Channel 16, that should not be used for this kind of communication, starts receiving messages that may be perceived as actually threatening or that are outside the remit of why it was created."

Iran also asked the IMO to raise its allegations with member states and relevant international organizations, potentially including the International Telecommunication Union.

Dominguez said the IMO could review its regulations and procedures to determine whether stronger safeguards are needed, though he did not announce a formal investigation.

"Our role here at IMO is that when those situations take place, we will then look into any technical measures or any operational aspects that we may need to clarify further within our regulatory framework," he said, stressing that member states have equal rights to raise concerns, regardless of the conflict.

"We have a responsibility, and I have a duty as well, to circulate letters and notes that the countries actually put forward when they're also being affected."

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"We take all that information, meet at the level of different meetings of the organization and have the discussions," Dominguez added.

"If it's demonstrated that we probably need to improve our rules in order to avoid communications issues, or that we need to enhance the knowledge of how these channels should be used, that is a role for us."

The IMO had recorded 100 confirmed maritime incidents across the region as of Oct. 9, with 24 seafarers killed since the conflict began Feb. 28. Dominguez also warned that fraudulent ship registrations and false flags have become major contributors to the danger.

"What we've also seen right now is an increase in fraudulent registries with false flags that are taking the risk and acting as shuttle tankers in order to bring goods in and out," he said. "That's one of the reasons that we're seeing an escalation.

"And it's the irresponsible shipowners that are taking the risk in order to actually be able to trade and move some of the goods and the cargoes."

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"For me, any single case, any vessel that is attacked, any life of a seafarer that is lost, is a critical situation for me, because they are all relevant, they are all important."

Despite the confrontation, Dominguez said diplomatic channels with Iran remain open, though he has no direct contact with the Islamic Revolutionary Guard Corps.

"I have communications with all the member states of IMO, and that includes the Islamic Republic of Iran," he said.

"Of course, that's through the diplomatic channels. I don't have direct contact with the IRGC.

"I have conversations with them and they respond to my messages. You know, the information flows. What is difficult is to get final decisions because of the conflict that is ongoing."

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Fox News Digital has reached out to the Iranian Embassy for comment.