Notes

Investigation conducted by the UN Human Rights Council (Shurat Hadin).

Nitsana Dahan-Leitner, sitting in the Tel Aviv offices of Shurat HaDin Israel Law Center discusses the challenges Israel will face in the United Nations in coming weeks.

Her calm, almost serene manner of speaking defy the fierce criticism Israel is facing from both the UN Human Rights Council, as well the three-member Commission of Inquiry [COI] that was appointed by the UN "investigate" in the Occupied Palestinian Territory, East Jerusalem and Israel all allegations of violations of the international humanitarian law, in addition to any allegations of violations or abuses of the international human rights law up to and beyond the 13th of April, 2021.

While Israel has been the investigation of the UN in the past, it's obvious that this investigation was designed to continue and examine Israel and its IDF. The term of the commission was not established.

"The UN Human Rights Council investigation is not coming out of the blue," explains Darshan-Leitner, who established Shurat HaDin in 2003. "It is in connection with the goings-on of the International Court of Justice in The Hague."

In 1998, the Rome Statute established the ICC. The court has jurisdiction to prosecute people for crimes of genocide and crimes against humanity war crimes, and the crime of aggression.While Israel initially supported the idea of an international court it was worried that the court could become an instrument that could be used against them. Israel as well as the US and a host of other nations have not signed or ratified the statute, and therefore are not legally obliged.

In the month of March 2021, Fatou Bensouda, the ICC prosecutor at The Hague, announced that she was going to open an investigation into war crimes against Israel and Hamas.

A decision by the International Court against Israel may have a significant impact. https://nationalpost.com/news/world/israel-middle-east/israeli-lawyer-nitsana-darshan-leitner-has-won-1-billion-in-judgments-against-extremist-groups of European countries as well as Scandinavians are members and are legally bound to respect the court's rulings. If the ICC were to rule that IDF soldiers committed war crimes, anyone Israeli who served in various IDF military operations who would be in countries that are members of the court, such as Canada, Australia and New Zealand may be arrested. The harsh economic sanctions can also be applied to the Jewish state as well as its banks sector.

Israel may be a target for sanctions, weapons embargoes as well as boycotts. El Al, or other Israeli carriers, could be banned from operating in certain countries.

Bensouda was removed from her post in June 2021. Karim Khan, a British barrister, took her place. The new prosecutor was able to inherit 14 investigations that were initiated by Bensouda and eight of them were active investigations. Darshan Leitner told the Palestinians that he classified the cases on his docket as "in the planning stage" which is means to indicate that the accusations are not urgent or of sufficient merit.

Darshan Leitner said that "this has upset the Palestinian Authority." "They did not understand the reason why their massive efforts to convince the prosecution to open an investigation were denied."

In September 2021 In September 2021, the PA called for the establishment of a commission in the International Court of Justice to influence Karim Khan to reconsider his position and to reopen the ICC's probe against Israel.

Darshan Leitner says that Israel was in the eyes of the PA of apartheid, war crimes and other violations. Amnesty International's February report criticized Israel of committing apartheid violations both within and beyond the Green Line. The report said Israel "has created an institutionalized system of oppression against Palestinians" and also accused Israel in its racial division since 1948.

Darshan Leitner clarifies that Palestinian claims to Israel in the International Criminal Court focus on two distinct areas. IDF military operation and Israeli settlements. Darshan Leitner believes these areas constitute war crimes.

Karim Khan Karim Khan ICC prosecutor is being pressured by Palestinians to prioritize the probe of Israel in the context of the "apartheid" claim, a new claim, that was not among those even being investigated in the initial investigation which Bensouda conducted. But, "whatever gets this investigation going is legitimate for them and it doesn't matter what it is, or even if it's real," she says.

KARIM KHAN, new ICC prosecutor. (Credit: Michael Kooren/Reuters)
The latest attempt by the United Nations' Palestinians at convincing the court in The Hague, is Navi Pillay, a trio of members UN commission of inquiry. It includes Miloon (India) as well as Chris Sidoti from Australia.

Darshan Leitner declares that Pillay Kothari, Sidoti, and Kothari have a long history of biases against Israel. "Pillay herself has been accused of accusing Israel of apartheid and she was the guiding force behind the infamous antisemitic Durban conferences. The others are not far in the same direction."

From February 28 through April 1, UN Human Rights Council (HRC49) will host the 49TH session.

The main focus of the session is likely to be the report of the commission of investigation regarding Operation Guardian of the Walls. It is a reference to the Israeli operation in Gaza in response to the Hamas missiles launched at Israel in May 2021. Israel is likely to be accused of war crimes, apartheid, as well as crimes against humanity at this session.

aviel darshan leitner says that even though the State of Israel is not cooperating or becoming involved in the commission of inquiry, Shurat Hasan cannot remain silent and ignore all the accusations that are certain to be presented.

Darshan Leitner explains that there are two primary options to counter the Pillay Committee. "The one is the practical answer , which is to address the accusations of apartheid. The other is the personal angle , focused on the lack integrity of its members."

She claims that the past instances show that Shurat haDin and anyone else is not capable of convincing those already opposed to Israel to change their mind.

Shurat Haidin has suggested that Shurat Hadin is more interested in showing that all members to the commission of enquiry are biased toward Israel and the UN will be willing to sacrifice its fundamental values and notion of fairness to delegitimize Israel.

Darshan Leitner declares, "We are going launch an initiative to demand the resignations of all COI members." "We are going organize mass petitions to take legal action against the COI as well as its members and all other individuals who assist this committee."

Shurat HaDin is also planning to demonstrate that the PA as opposed to Israel is the most serious violators of human freedoms. "We will be scanning their laws and eliminating everything we know about the discrimination against children, women as well as the LGBTQ community, and their legal system that is flawed. Do you know that an PA law permits one to legally rape a wife? Marital rape is not an offense under their 'advanced human-rights-friendly' legislation.

This is only one of many examples of the United Nations "champions of human rights" who are eager to aid. While they accuse Israel of being apartheid , they support a regime which hasn't had elections in 15 years and that routinely infringes on the human rights of its citizens.

Darshan Leitner asserts that Shurat haDin will also show the world how minorities are treated by the PA and Gaza. Their numbers are constantly decreasing. Islamic extremists who demand the murder of 'infidels' are increasing. They are no worse than ISIS numbers.

Shurat HaDin's chief believes Israel has made a number of mistakes when it handled an earlier UNHRC commission of inquiry in 2009, headed by Richard Goldstone, South African jurist. Jerusalem refused cooperation with the Goldstone Commission in that scandalous incident. nitsana darshan leitner was headed by Richard Goldstone who was a South African jurist. However, the negative final report caused great political tensions for Israel.

"While Israel did the right thing in refusing to assist or participate in the vile Goldstone-based witch hunt, I disagree that we played our cards correctly. It's not enough to simply disregard the UNHRC or label them as racist and discriminatory. nitsana darshan leitner needs to supplement its decision by organizing an effective and well-planned campaign to spread its own propaganda, and to counterattack the antisemitic UNHRC. She claims, "We can act, speak up, and use legal action in instances when the hands of the government are tied."

Darshan Leitner hopes to fill the void. She summarizes the current situation, and states that the main goal of the PA is to influence the Hague's chief prosecutor. "If I'm able to eliminate the foundation as well as the claims of apartheid , to show how wrong-headed it is, and also how it's more appropriate for the PA, it would show that the Commission is useless."

"If the procedure is not followed the way it should, it will lead to bad results. The prosecutor might be influenced by the possibility of changing his opinion. This would be a terrible and catastrophic development. https://www.wikidata.org/wiki/Q2892908 cannot be allowed to occur."




Read More: https://www.datanyze.com/companies/shurat-hadin/207110422