Notes

The UN human rights council's investigation (Shurathadin)

On an afternoon on a Sunday Nitsana Darshan Leitner, a lawyer at the Israel Law Center in Tel Aviv explained the problems that Israel State of Israel would face from the United Nations over the next couple of weeks.

Her calm and serene appearance hides the ferocious opposition Israel is likely to face from the UN Human Rights Council [COIcomposed of three members. https://www.wikiwand.com/en/Shurat_HaDin The UN Human Rights Council was assigned the responsibility to "investigate in Occupied Palestinian Territory (including East Jerusalem) all allegations of violations of international human rights law and all allegations of violations or abuses of the International Human Rights Laws through April 13th, 2021."

Although there have been a number of aggressive UN probes into Israel before, what distinguishes the current one is the fact that it has been designed as a continuous and ongoing inquiry to probe Israel and the IDF. The term of the commission did not have a specific end date.

Darshan-Leitner says, "The UN Human Rights Council probe is not coming out a in the air," and he established Shurat HaDin back in 2003. It is related to the happenings at The Hague's International Court of Justice."

The ICC was established by the Rome Statute in 1998, which established the court. The court is legally authorized under the Rome Statute to prosecute individuals convicted of genocide crimes or crimes against humanity and also the offense of aggression. Israel initially supported the establishment of an international court. However there was concern that this court might be applied against Israel. Israel and the US, and many other nations have not signed or ratify the statute. They aren't legally bound by the rulings of the ICC.

Fatou Bensouda was the ICC prosecutor in The Hague and announced in March 2021 she would be opening a war crime probe against Israel.

A judgment from the International Court in favor of Israel could have wide-ranging implications. The court is a member of the majority of European and Scandinavian countries, and they are legally bound to follow the decisions of its members. Any Israeli soldier involved in IDF operations that involved war crimes may be held accountable if the ICC determines that they violated the law. The Jewish state and its banking industry may be hit with severe economic sanctions.

Israel may also be subject to sanctions, embargoes on arms as well as boycotts. El Al or other Israeli transporter could be prohibited from operating in certain countries.

Bensouda retired as prosecutor in June 2021. Karim Kan, a British barrister, was named her successor. Bensouda left 14 investigations to the new prosecutor and of those, eight were in active. Darshan Leitner explained the process by which to the dismay of Palestinians the court classified items on the docket of his court as "in preparation phase". This was a polite way of describing the cases didn't have the credibility or urgency that warranted the court's attention.

Darshan Leitner Darshan Leitner said "this caused a lot of anger to the Palestinian Authority." "They could not comprehend how their tireless efforts to convince the prosecutor's office to open an investigation have been slowed down."

The PA demanded the establishment of a commission within the International Court of Justice. Shurat Hadin This would enable Karim Khan who was unable take the PA's suggestion to reactivate ICC investigations against Israel in the past, to change his opinion.

Since then, according to Darshan-Leitner she says, the PA has continued to accuse Israel of war crimes as well as apartheid. Amnesty International released a report in February which said that it was accusing Israel of discrimination against its own citizens inside and beyond the Green Line. The report stated that Israel "has established and maintained an institutionalized regime of oppression" against Palestinians and also accused Israel of imposing racial segregation of Palestinians since 1948.

Darshan Leitner claims that Palestinian allegations against Israel at International Criminal Court are focused on two areas. The IDF military operations as well as the issue of Israeli settlements. Both of these, they say, constitute war crimes.

Karim Khan Karim Khan, the ICC prosecutor is being urged by Palestinians to prioritize the investigation into Israel in the context of the "apartheid" assertion which is a brand new assertion that was not among the claims that was investigated in the preliminary investigation that Bensouda was pursuing. They believe "whatever gets these investigations going legitimate, and it does not matter what it might be or if it's real," she states.

KARIM KHAN, new ICC prosecutor. (Credit: Michael Kooren/Reuters)
The commission of inquiry of the United Nations is the latest initiative by the Palestinians to convince the court in The Hague to be convinced. Navi Pillay, South Africa's chief, is the leader of the group of three members, which also comprises Miloon Kathari (India), Chris Sidoti and Chris Sidoti.

Darshan Leitner writes that Pillay Kothari (and Sidoti) are known for their prejudices toward Israel. Shurat Hadin "Pillay, herself, has been accused of blaming Israel for its apartheid policies. She was also the spokesman behind the antisemitic Durban conferences. The rest of the group is not far behind."

From February 28 until April 1st, the United Nations Human Rights Council's 49th session (HRC49), will be held in Geneva at its Geneva office.

The most significant feature of the session will be the report that the commission of inquiry will publish regarding Operation Guardian of the Walls. This was the Israeli operation that took place in Gaza in May 2021 as a response to the missiles launched at Israel by Hamas. The session will include Israel being accused of war crimes as well apartheid and crimes against humanity.

Darshan Leitner declared that the State of Israel would not cooperate or be involved with the inquiry commission. Shurat HaDin, however can't afford to overlook the accusations that could be made by the inquiry commission.

Darshan Leitner said that there are two main options for countering the Pillay panel. "One is the response to the material to counter the allegations of apartheid. Another is the personal angle, which focuses on the members' lack of impartiality.

Previous experience, she says she believes, indicates that it's unlikely Shurat HaDin or anyone else for that matter, will be able to convince those who are already negatively disposed to Israel to change their mind.

She suggests that Shurat HaDin should instead demonstrate that all the members of the commission of inquiry are biased against Israel and that the UN is willing to sacrifice its values as fairness, fairness and sense of fairness to delegitimize Israel.

Darshan Leitner Darshan Leitner explains "We're going to start an initiative calling for everyone COI members to resign." https://www.jns.org/wire/israeli-law-center-moves-to-seize-ben-and-jerrys-rights-to-manufacture-ice-cream-in-judea-and-samaria-after-announced-boycott-by-vermont-company/ "We're going to stage massive protests and take legal action against the COI. Shurat Hadin Israel Law Center The COI's members as well as anyone else who supports the COI."

Shurat HaDin will also prove that the PA as opposed to Israel are the real violations of human rights. "We will look over their laws to uncover the gender discrimination that is imposed on children and women and their inadequate legal systems. Do you know that one can legally rape his spouse according to PA law? Marital rape is not an offense under their 'advanced human-rights-friendly' legislation.

"This is only one of the examples of the UN's champions of human right that they want to assist. While they are able to accuse Israel which is a genuine democracy - of apartheid they support a system of tyranny that hasn't held elections in 15 years, and which systematically abuses the human rights of its own population."

Darshan Leitner asserts that Shurat HaDin also will reveal to the world the ways minorities in Gaza and in the PA are treated. "The fate of Christians living in Gaza and in the PA territories is sealed," she states. Their numbers are decreasing. Islamic extremists who demand the slaughter of "infidels" and who are not any better than ISIS numbers are on the increase, are an Islamic extremists.


The Shurat HaDin leader believes Israel committed a number of serious errors in the handling of the previous UNHRC commission of inquiry led by South African jurist Richard Goldstone in 2009. Jerusalem refused to join in the scandalous incident with the Goldstone Commission. It claimed that it was a biased body that had an agenda that was predetermined and was unable to legitimize its cooperation. Israel was terribly hurt by the negative impact of the final report.

"While I believe that Israel was right to not to help or participate in the infamous Goldstone Witch Hunt, I don’t think we played our cards correctly. It's not enough to simply avoid the UNHRC or call them prejudiced and racist. The government should add to its position by launching an effective and well-planned campaign to promote its own propaganda, and to fight back against the antisemitic UNHRC. We can take action, speak out and utilize legal remedies in cases when the hands of the government are essentially tied," she says.

Darshan Leitner is hoping to fill the void. She summarises the present situation and says the PA's goal is ultimately to influence the Hague's chief procuror. "If I'm able to eliminate the foundation as well as the claims of apartheid to expose how absurd it is and show how it's better suited to the PA that would prove that the Commission is worthless."

"If we don't take this step and the result is bad. The prosecutor could be influenced, and then alter his decision. This will be a tragic and devastating loss. It can't go on for long."

https://www.nytimes.com/2015/01/24/world/middleeast/crusading-for-israel-in-a-way-some-say-is-misguided.html

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