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Palestine President Mahmoud Abbas 'considering' Israel war crimes charges at International Criminal Court

Leader seeks approval of Hamas against which Israeli could push for 'counter-charges' over rockets

President Mahmoud Abbas is considering seeking war crimes charges against Israel at the International Criminal Court, Palestinian officials said on Thursday.

Mr Abbas has hesitated in the past because such a move would put the Palestinians on collision course with Israel. 

But with about 1,400 Palestinians killed in Gaza, he has signaled he might move ahead — cautiously.

Officials said that he had asked all Palestinian political factions, including Hamas and Islamic Jihad, to give their written consent to such an action. 

Other Palestine Liberation Organisations factions signed up at a meeting in the West Bank earlier this week, but Mr Abbas was still waiting for a response from Hamas and Islamic Jihad.

The problem confronting Mr Abbas is that, in trying to make a case against Israel, he could also expose Hamas to war crimes prosecution because it has fired thousands of rockets from Gaza at Israel.

“This option is a double-edged sword,” warned Mr Abbas’s Fatah movement on Thursday, saying he would only move ahead once he had the approval of Hamas.

In Geneva, UN High Commissioner for Human Rights Navi Pillay said that both Israel and Hamas militants were violating the rules of war.

She said Hamas was violating international humanitarian law by “locating rockets within schools and hospitals.” 

But she added that this did not absolve Israel from attacking civilian areas such as schools, hospitals, homes and UN facilities.

“They appear to be defying obligations that international law imposes on Israel.”

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