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Bibas family relative takes fight to ICC after mother, two young boys murdered by Hamas

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."

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Some synagogues canceled prayers as French Jews faced warnings amid violent protests

For some French Jews, Saturday's unrest brought an unsettling warning: conceal outward signs of Jewish identity and avoid gathering outside synagogues. 

One community member told Fox News Digital that some congregations had even canceled afternoon prayers on the Sabbath as demonstrations across France descended into violence.

Ahead of the protests on Saturday, he said, as a precaution, "Lots of synagogues sent out emails to their people saying, 'We're canceling Mincha on Shabbat afternoon. Please don't go out. It's going to be dangerous,'" Samuel Arrouas, a French Jewish community member who divides his time between Paris and Israel, told Fox News Digital.

Mincha is the Jewish afternoon prayer service. Arrouas, who returned to Israel before Saturday's protests, described his shock over the messages. "I'm 40 years old. First time I heard this," he said.

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Arrouas said warnings also advised Jews against visibly wearing kippahs, traditional skullcaps, or tzitzit, ritual fringes worn by observant Jewish men. Worshipers were discouraged from lingering outside synagogues after services. "You go to prayers, and you immediately leave," he said.

Before leaving France, Arrouas said he encountered masked demonstrators carrying Palestinian flags near Paris Dauphine University.

"It's very scary," he said. "When you're Jewish and you pass in front of such a scene, the only thing you want to do is just get away."

The concerns emerged as approximately 550,000 people demonstrated across France on Oct. 17 against rising fuel prices, the cost of living and deteriorating public services, including schools. The demonstrations were masked rioters clashed with police, looted businesses and set fire to vehicles and buildings in Paris, Marseille and other cities. France's Interior Ministry reported approximately 2,400 arrests.

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President Emmanuel Macron called for "calm and order" in a national address, warning against escalation. "We all feel anger and shame," he said, distinguishing protesters' "legitimate demands" from "those who destroyed, smashed and looted." He said "nothing justifies" the violence and pledged accountability. Interior Minister Laurent Nuñez offered his resignation, which Macron refused.

Shannon Seban, the France-based executive director of European affairs at the Combat Antisemitism Movement, said the presence of Palestinian flags at demonstrations over domestic issues added to Jewish community concerns.

"We have seen Palestinian flags at demonstrations that were supposed to be about education and social demands. What does Gaza have to do with any of this?" Seban told Fox News Digital.

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"This has nothing to do with legitimate student demands anymore. We are talking about organized violence, about people who are not coming to demonstrate but to destroy, to attack our police officers and to challenge the authority of the Republic," she said.

Seban linked the violence to rhetoric urging people to "globalize the intifada" and to antisemitic conspiracy theories circulating online.

"At the Combat Antisemitism Movement, we documented 1,384 antisemitic posts in just two days, including conspiracy theories accusing Jews and Israel of being behind the unrest," Seban said.

"The right to protest is fundamental in a democracy. But the right to protest is not the right to destroy," she added. "France and Europe must wake up. Before it is too late."

In Marseille, Bruno Benjamin, president of the Marseille-Provence branch of CRIF, the Representative Council of French Jewish Institutions, described the damage to local businesses and the anxiety facing the community.

"Several hundred shops were ransacked, vandalized and looted. The scale of the devastation is simply unbearable," Benjamin told Fox News Digital.

He said shopkeepers had seen years of work destroyed within hours, leaving some facing layoffs or temporary unemployment for employees.

"This is not just an attack on businesses. It is an attack on people's livelihood, their dignity, and the very fabric of our society," he said.

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France's Jewish community security organization, SPCJ, cautioned against assuming that Jewish-owned property was targeted because of religion. In a statement provided to Fox News Digital, SPCJ said a break-in and vandalism at a synagogue in Paris's 19th arrondissement initially suggested burglary, although the motive remained undetermined. Jewish-owned businesses were among those damaged in Marseille, it said, without evidence they had been singled out for being Jewish.

The U.S. State Department's existing Level 2 travel advisory urges Americans to exercise increased caution in France because of terrorism and unrest. Fox News Digital reached out to the French Embassy in Washington, D.C., for comment on the unrest and the safety of the Jewish community.

Benjamin said rising insecurity and antisemitism had left some French Jews considering whether to leave the country, while others remained determined to stay.

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"We must relentlessly combat antisemitism, defend their right to live in safety and dignity and ensure that no Jew in France should ever have to choose between their personal security and their love for their country," he said. "Because being Jewish in France should never mean having to live in fear."

For Seban of the Combat Antisemitism Movement, it's evident where the blame lies: "Let me be very clear: La France Insoumise and the far left bear a political responsibility for fueling this climate of violence and confrontation." 

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