American families of those killed or wounded in the Hamas cross-border incursion on 7 October, filed a lawsuit on Monday against a prominent Palestinian-American businessman, claiming that he helped in the construction of infrastructure that allowed Hamas fighters to carry out their attack, Reuters has reported. Bashar Masri’s office called the lawsuit “baseless”.
The suit was filed in the US District Court for Washington DC and it is thought to be the first case of a US citizen being accused of providing major support for the incursion that has basically changed the whole scenario in the Middle East.
According to a statement announcing the lawsuit, properties that Masri owned, developed and controlled, including two luxury hotels and the leading industrial zone in Gaza – the Gaza Industrial Estate – “concealed tunnels underneath them, and had tunnel entrances accessible from within the properties, which Hamas used in operations before, on and after 7th October.”
The allegation is that the defendants facilitated the construction and concealment of those tunnels and even built above-ground solar panel installations that they then used to supply Hamas with electricity to the tunnels.
During the 7 October incursion, 1,200 Israelis were killed, including more than 40 Americans, many of them by the Israel Defence Forces carrying out the controversial Hannibal Directive. Israel responded with an ongoing and large-scale genocidal war that has killed more than 50,000 Palestinians in Gaza. Thousands more remain missing, presumed dead, under the rubble of their homes and other civilian infrastructure destroyed by Israel.
The lawsuit, which targets Masri and his companies, was filed on behalf of nearly 200 American plaintiffs, including survivors and relatives of those affected by the 7 October attack.
A statement from Masri’s office called the allegations against him and his businesses false and said that he would seek their dismissal in court. It pointed out that Masri had been involved in development and humanitarian work for a number of decades and “unequivocally” opposes violence of any kind. “Neither he nor those entities have ever engaged in unlawful activity or provided support for violence and militancy,” it said.
The lawsuit implicating Masri comes a few weeks after media reports alluded that he might play a role in Gaza’s future administration.
A Jerusalem Post article on 10 March cited unnamed diplomatic sources as saying that Masri had served as a close adviser to Adam Boehler, US President Donald Trump’s envoy seeking the release of hostages held in Gaza, and had flown on Boehler’s private jet as he shuttled across the region. It called Masri “a seasoned entrepreneur” who “shares a business-minded approach with Trump, making him a natural fit in the administration’s economic vision for the region.”
The State Department and White House did not immediately respond to requests for comment when asked about the newspaper report.
In a Reuters interview in October 2020, Masri spoke in favour of Gulf Arab ties with Israel, condemned by Palestinian leaders, saying that they could be an opportunity to apply fresh pressure to halt illegal Jewish settlement-building on occupied land. All of Israel’s settlements are illegal under international law.
When speaking to Reuters in 2020, Masri said that Palestinians must not give up hope. “Our enemies want us to give up hope. If we give up hope, they have exactly what they want, and there will be no Palestine, and no Palestinian people,” he said.
Although the amount of damages sought has not yet been determined, the plaintiffs are seeking financial compensation that could be tripled under the US Anti-Terrorism Act, along with financial sanctions against companies managed by Masri.
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