ICC Action: Mahmoud Abbas

In November 2014, Shurat HaDin formally requested that the International Criminal Court (ICC) Prosecutor open an investigation into alleged war crimes committed by Fatah leader and Palestinian Authority President Mahmoud Abbas.

The basis for the complaint is reports of Fatah-affiliated armed groups firing significant numbers of rockets on Israel from Gaza during Operation Protective Edge war along with Hamas. Rocket fire on civilians is a war crime under international law.

We argue that Mahmoud Abbas is vicariously liable for the Fatah armed groups’ actions on July 10, 25 and 27, and August 8. As their responsible superior, Abbas exercises effective command and control of the terror organization.

Mahmoud Abbas is a Jordanian citizen and Jordan is a current member of the ICC. The ICC is empowered to exercise its jurisdiction over all acts committed by the citizen of a member, wherever those acts are committed.

On a number of occasions, Abbas has threatened to file charges of war crimes against Israeli military officers, soldiers, and political leaders at the ICC. 

If the chief prosecutor of the ICC opens an investigation against Abbas for his role in the rocket attacks, the Palestinian leader will be indicted and an arrest warrant issued against him.


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