Notes

The UN human right council investigation (Shurathadin)

Nitsana Shurat HaDin - Israel Law Center sits in Tel Aviv's office of Shurat HaDin on the sun-drenched afternoon of a Sunday. She outlines the challenges Israel faces due to the United Nations in forthcoming weeks.

Her serene, almost tranquil appearance is a stark contrast to the fierce opposition that Israel is likely to confront from the UN Human Rights Council and the three-member Commission of Inquiry [COI] that was tasked by the UN to "investigate in the Occupied Palestinian Territory, including East Jerusalem, and in Israel any alleged violations of international humanitarian law, as well as all allegations of violations and violations of human rights international laws leading up to and from April 13, 2021."

While Israel was subject to UN investigations in the past it's notable that the present UN investigation is not a one-time affair and continues to investigate Israel as well as the IDF. The commission was not given an expiration date for its time.

Darshan-Leitner , the founder of Shurat HaDin 2003, explains that "the UN Human Rights Council investigation is not born of thin air." It is linked to the happenings at the International Court of Justice in The Hague.

The 1998 Rome Statute created the ICC. The court is able to pursue criminal charges against people for acts of aggression, crimes against humanity and genocide. Israel supported the idea of an International Court of Justice however, they were concerned about the possibility that it could be applied against the country. The US, Israel and many other nations have not agreed to ratify or signed the statute. They are therefore not legally bound to abide the decisions of the ICC.

Fatou Bensouda was the ICC prosecutor in The Hague and announced in March 2021 she would be starting a war crimes investigation against Israel.

A decision made by the International Court against Israel could have significant implications. The court is member of the majority of European and Scandinavian nations and is legally bound to follow its decisions. Anyone Israeli soldier who participated in IDF military missions and traveled to countries which are members of the court, for instance, Canada, Australia, or New Zealand, could be arrested if the ICC ruled that IDF soldiers were committed war crimes. Harsh economic sanctions could be imposed against the Jewish state and its banking sector.

Furthermore, Israel might also face additional risks, such as sanctions, weapon embargoes and boycotts. For example, El Al or other Israeli transporters might not be allowed to operate in certain countries.

Bensouda retired as prosecutor in June 2021. Karim Kan, a British barrister, was chosen as her successor. Bensouda left 14 investigations to the new prosecutor and eight of them were active. Much to the dismay of Palestinians Darshan-Leitner explains, the cases in his docket as "in the process of planning" - an informal way of saying that the cases did not have any merit or urgency that warranted the court's time.

Darshan Leitner states Darshan Leitner says "this upset the Palestinian Authority." "They could not comprehend how their tremendous efforts to get the prosecutor's office to open an investigation has stalled."

In September 2021, PA called for the creation of a commission within the International Court of Justice to get Karim Khan to change his mind.

Since then, as Darshan-Leitner claims The PA continues to denounce 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 created an institutionalized system of oppression against Palestinians" and it also claimed that it has been a victim of Israel of racial segregation since 1948.

aviel darshan leitner asserts that Palestinian demands against Israel have focused at the International Criminal Court on two areas: IDF Military Operations and the issue of Israeli Settlements. They claim to be war crimes.

nitsana darshan leitner , the ICC prosecutor, is now being pushed by the Palestinians to prioritize the investigation of Israel under the "apartheid" assertion an assertion that is new, that was not among those even being investigated in the initial investigation that Bensouda was pursuing. But, she said, "Whatever gets this investigation moving is legitimate to them, regardless of the nature or if it's true."

KARIM KHAN, new ICC prosecutor. (Credit: Michael Kooren/Reuters)
The UN's third-member inquiry commission, which is headed by Navi Pillay from South Africa and includes Miloon Kothari from Australia, and Chris Sidoti, is the latest effort by Palestinians to convince The Hague court.

Darshan Leitner says that Pillay Kothari, Sidoti and Kothari are all known for their biases toward Israel. "Pillay herself has been accused of apartheid in Israel and was the main inspiration of the antisemitic Durban conference. They are not too far away."

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

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

Darshan Leitner stated that, even though Israel will not cooperate with the inquiry commission or get involved, Shurat haDin cannot ignore the accusations that will soon be made by the commission.

nitsana darshan leitner explains that there are two primary options for countering the Pillay Committee. "One is the pragmatic response that responds to the allegations of apartheid. The other is the personal angle, which focuses on the members' lack impartiality.

The past experience, she states, shows that it's unlikely Shurat HaDin or any other person, or anyone else will be able convince those who are already negatively disposed to Israel to change their minds.

Shurat HaDin proposes, she says, strategies to show that all members of the inquiry commission are biased against Israel and that the UN will to compromise its principles as well as any sense of fairness to delegitimize Israel.

"We will begin a campaign to call to the removal of all COI members," says Darshan-Leitner. " nitsana darshan leitner will launch a mass petition against the COI and its members as well as any other person who is a member of this committee." Darshan Leitner stated.

Shurat HaDin, on the contrary, will attempt to demonstrate that the PA is the most serious violator of human right. "We will go through their laws to find out what we can uncover discrimination against women, children as well as the LGBTQ community as well as their flawed legal system. Did you not know that PA law allows a man to legally rape his wife of his lover? Marital rape is not an offense under their 'advanced human-rights-friendly' legislation.

"This is but one of the many examples of the UN's champions of human rights they are keen to help. While they claim Israel of apartheid, the UN promotes an oppression that does not allow elections for 15 years and systematically violates its own human rights.

Darshan Leitner says Shurat HaDin will also reveal to the world how minorities living in Gaza and in the PA are treated. "The fate of Christians living in Gaza and in the PA territories is sealed," she states. https://azm.org/event/inside-the-covert-war-against-terrorisms-money-masters-the-story-of-shurat-hadin-israel-law-center-with-founder-nitsana-darshan-leitner of Christians is decreasing. Islamic extremists are growing and are calling for mass murder of "infidels" and are worse than ISIS.

aviel darshan leitner believes Israel made serious mistakes in the handling of the 2009 UNHRC investigation into Richard Goldstone, a South African jurist. Jerusalem was not willing to cooperate with the Goldstone Commission in that scandalous episode. The commission was led by Richard Goldstone who was who was a South African jurist. But the final negative report caused a lot of political tensions for Israel.

"While I agree that Israel was right to not to aid or cooperate in the infamous Goldstone Witch Hunt, I'm not convinced we played our cards correctly. It's not enough to avoid the UNHRC or label them as prejudiced and racist. It was necessary for the government to add to the decision by running an organized and proactive campaign to spread their own story and counterattack the antisemitic UNHRC. She suggests that we speak up, use legal actions and act when the government is stuck."

Darshan-Leitner aims to fill in this gap this time around. She summarizes the current situation, and states that the PA's ultimate goal is to influence The Hague's chief prosecutor. "If I am able to dismantle the basis of the Hague's commission, show the erroneousness of it and show that apartheid is an untruth It will show that The Hague's commission has no significance."

"If this is not done the way it should, it will lead to bad outcomes. The prosecutor may be convinced to reconsider his decision. This could be a devastating and catastrophic development. It's not possible to do this."




Here's my website: https://www.international.ucla.edu/israel/article/201235