Notes

The UN human right council investigation (Shurathadin)

Nitsana Dahan-Leitner who works in the Tel Aviv offices of Shurat HaDin Israel Law Center, describes the challenges Israel faces from the United Nations in coming weeks.

Israel Law Center Her calm and almost tranquil demeanor is in direct contrast to the intense protests Israel faces in the UN Human Rights Council (COI) and the three-member Commission of Inquiry [COI] who was appointed by the UN to investigate "in the Occupied Palestinian Territory including East Jerusalem all allegations of violations of international humanitarian laws as well as all alleged abuses of international law relating to human rights from April 13 to April 13, 2021."

Although Israel has been the subject of vigorous UN investigations in the past The main differentiator is that the present UN investigation was created as a permanent investigation to examine Israel's IDF. It has not been given an expiration date.

Darshan-Leitner explains, "The UN Human Rights Council probe is not being made up out of out of thin air," and he established Shurat HaDin back in 2003. https://barlaw.co.il/ It has to do with the work of the International Court of Justice at The Hague.

The Rome Statute, which established the ICC in 1998, established it. The court has the power to prosecute people for crimes of aggression or crimes against humanity, as well as genocide. Israel supported the idea of an International Court of Justice however, they were concerned about the possibility of it being used to be employed against the country. The US, Israel and many other nations have not signed or ratified the statute. Therefore, they are not legally bound to follow the rulings of the ICC.

Shurat Hadin Fatou Bensouda (the ICC prosecutor at The Hague) announced in March 2021 that she was going to start a war crimes probe against Israel and Hamas.

A decision of the International Court against Israel could have major implications. Most European and Scandinavian countries are members of the court and are legally bound to respect the court's decisions. If the ICC has ruled that IDF soldiers had committed war crimes, all Israelis who served as soldiers in IDF military operations could be detained. This is true for those who travel to the member states like Australia, Canada, and New Zealand. Harsh economic penalties could be placed on the Jewish State as well as its banking sector.

Israel might also be exposed to other risks, such as sanctions and embargoes on weapons. El Al, or other Israeli carriers, could be banned from operating in certain countries.

Bensouda's term as prosecutor ended in June 2021. her replacement was British barrister Karim Khan. Bensouda left 14 investigations to the new prosecutor and eight of them were currently active. Darshan Leitner explains that he classified all the matters on his docket at the stage of planning, much to the dismay of Palestinians. This was a polite method of stating that the allegations were not worthy of the court's attention or weren't urgent enough.

Darshan Leitner said that "this upset the Palestinian Authority." "They could not understand the reasons behind their incredible efforts to reach the prosecutor in order to initiate an investigation have been thwarted," Darshan-Leitner said.

In September 2021, the PA demanded 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 stated that Israel's war crimes have been continued by the PA since the time of Darshan Leitner's statement. Amnesty International reported in February that Israel was accused of apartheid behavior beyond and within the Green Line. The report claimed that Israel "has established and maintained an oppression institution against Palestinians" and also charged Israel with racial discrimination against Palestinians from 1948.

Darshan Leitner says that Palestinian claims against Israel have been centered on the International Criminal Court on two areas: IDF Military Operations and the issue Israeli Settlements. They claim to be war crimes.

Karim Khan, the ICC prosecutor is now being pushed by the Palestinians to prioritize the probe of Israel under the "apartheid" claim an assertion that is new, that was not among those even being investigated in the initial investigation that Bensouda conducted. However, "whatever gets this investigation going is legitimate according to them, and it does not matter what it is or even if it's true," she says.

KARIM KHAN, new ICC prosecutor. (Credit: Michael Kooren/Reuters)
The most recent attempt by the Palestinians to convince the court at The Hague is the UN's three-member inquiry committee which is headed by Navi Pillay, who hails from South Africa, and which includes Miloon Kothari (India) and Chris Sidoti (Australia).

Darshan Leitner says Darshan Leitner says that Pillay Kothari, Sidoti and Kothari are all famous for their stances on Israel. "Pillay, herself, has made accusations against Israel regarding apartheid. It was her spokesman behind the anti-Semitic Durban conferences. The rest of the group is not far behind."

The UN Human Rights Council 49th session (HRC49), is being hosted at Geneva's offices from February 28 through April 1.

The session's most significant draw will be likely to be the final report of the inquiry commission regarding Operation Guardian of the Walls. nitsana darshan leitner This refers to the Israeli operation in Gaza due to the Hamas missiles that were launched at Israel in the month of May 2021. Shurat Hadin In the course of this meeting, Israel will likely be accused of war crimes and apartheid aswell as violations against humanity.


Darshan Leitner said that the State of Israel would not participate or be a part of the inquiry commission. Shurat HaDin, however can't afford to overlook the accusations likely to be made by the inquiry commission.

https://www.wikiwand.com/en/Shurat_HaDin Darshan Leitner Darshan Leitner explains that there are two main options for countering the Pillay Committee. One is the factual one, which rebuts the claims of apartheid. The second is the personal aspect, focusing on its members' inimility.

She claims that her prior experiences indicate that ShurathaDin as well as others won't be able convince people who are already negative about Israel.

Shurat HaDin She suggests plans to show that all members on the inquiry commission are biased against Israel and that the UN will sacrifice its core principles and any sense of fairness to undermine Israel.

Darshan Leitner explains "We're going to start an initiative that calls for everyone COI Members to resign." "We are planning to organize mass petitions that will take legal action against the COI as well as its members and any other person who assists this committee."

Shurat HaDin also plans to show that the PA and not Israel are the real violations of human rights. "We will be scanning their laws and taking away what we know about the discrimination against children, women and the LGBTQ community as well as their flawed legal system. Did you have any idea that PA law permits a man to legally rape his spouse of his partner? Marital rape is not an offense under their 'advanced human-rights-friendly' legislation.

"This is just one example of the United Nations' champions of human rights they would like to assist. They are able to accuse Israel, a genuine democratic state, of apartheid, they promote a tyranny which has not held elections since 15 years and which systematically abuses human rights of its inhabitants."

Darshan Leitner states that Shurat HaDin will also reveal how minorities are treated in Gaza and Palestine. Their numbers are decreasing continuously. They are increasing.

The Shurat HaDin leader believes that Israel has made a lot of mistakes in its handling of the previous UNHRC inquiry commission, which was headed by South African jurist Richard Goldstone in 2009. Jerusalem refused collaboration with the Goldstone Commission after it found out that the Goldstone Commission was biased in its agenda. Israel was terribly hurt by the negative final report's fallout.

"While I completely agree that Israel was right in refusing to facilitate or cooperate with the vile Goldstone witch hunt, I do not believe we played our cards well. It doesn't suffice to not acknowledge the UNHRC and call them prejudiced or a hater. The government had to complement its decision by launching a well coordinated and active campaign to disseminate its story and counterattack the anti-Semitic UNHRC. She says we have the ability to be vocal, take action and take legal action in situations where the government's hands are bound."

Darshan-Leitner aims to fill in this gap this time around. She summarizes the current situation and says the PA's goal is ultimately to influence The Hague's chief procuror. In a nutshell she wrote, "If I can remove the basis of the commission in order to demonstrate how false it is, how apartheid's claim is wrong and how it's better suited for the Hague's chief prosecutor and show it has no value."

"If we do not do this, the outcome is going to be disastrous. The prosecutor might be influenced, and could alter his mind. This would be a terrible and catastrophic development. It can't go on for long."



Website: https://www.jpost.com/author/nitsana-darshan-leitner