VIDEO and copy of DOCUMENT HERE

“This document shows that the Palestinian Authority either never authorised the original referral when it was brought on the 25th July by the Minister of Justice and the general Prosecutor, or that their decision has changed, or their decision has been changed for them or under pressure from someone else.”

The Palestinian Authority has so far prevented the launch of a formal investigation into the alleged war crimes committed by Israel and Palestinian factions during the 50-day Gaza war last July and August, according to officials at the International Criminal Court.

In a confidential letter obtained exclusively by Al Jazeera’s Investigative Unit, ICC’s top prosecutor Fatou Bensouda says she “did not receive a positive confirmation” from PA Foreign Minister Riad Malki that the request, submitted by the Palestinian justice minister for an international investigation, had the Palestinian government’s approval.

Both the PA and Hamas have publicly called for an investigation by the ICC into the alleged war crimes.

On July 25, PA Justice Minister Saleem al-Saqqa and Palestinian General Prosecutor Ismaeil Jabr submitted a letter to the ICC via a French law firm calling for an investigation. However, according to ICC regulations, “only the Head of State, Head of Government and Minister of Foreign Affairs” can grant the international body jurisdiction to investigate.

Twelve days later, FM Malki travelled to The Hague to meet top ICC officials: “We must do everything within our power to enable the International Criminal Court to bring to justice those responsible for committing war crimes,” Malki said.

The document obtained by Al Jazeera is in line with an article written by Bensouda in The Guardian on August 29, where the ICC prosecutor states that the Palestinian leadership has not granted her office jurisdiction to investigate alleged war crimes in its territory.