Notes

The UN human rights council's investigation (Shurat hadin)

The Tel Aviv offices of Shurat HaDin - Israel Law Center on a pleasant Sunday afternoon Nitsana Darshan-Leitner discusses the problems the State of Israel will be facing in the United Nations in the coming weeks.

Her calm, almost tranquil appearance hides the fierce opposition Israel will likely face from its UN Human Rights Council and three-member Commission of Inquiry. This was mandated by the UN in order to "investigate as well as in the Occupied Palestinian Territory and Israel all alleged breaches of international human rights and other human rights law up until and including the 13th day of April 2021."

Although Israel has had an aggressive UN investigation in recent times, the main distinction is that the current UN investigation was created as a permanent probe to investigate Israel's IDF. The term of this commission has not been decided.


"The UN Human Rights Council investigation isn't coming out of thin air," explains Darshan-Leitner, who was the founder of Shurat HaDin in 2003. It's linked to happenings in the International Court of Justice in The Hague.

In 1998 the Rome Statute established the ICC. The court has the power to pursue criminal charges against people for acts of aggression as well as crimes against humanity and genocide. Israel supported the idea of an International Court of Justice, however, they were concerned about the possibility that it would be applied against the country. The US, Israel and many other nations haven't agreed to ratify or signed the statute. Therefore, they aren't legally bound by the decisions of the ICC.

Fatou Bensouda the ICC prosecutor from The Hague announced in March 2021 that she was opening a war-crimes probe against Israel, Hamas, and other countries.

An International Court decision against Israel could have significant implications. Most European and Scandinavian members of the court are legally bound by its decisions. Any Israeli soldier who was involved in IDF military missions and traveled to countries that have been deemed members of the court such as Canada, Australia, or New Zealand, could be detained if the ICC ruled that IDF soldiers were in fact guilty of war crimes. The Jewish state and its banking industry could face harsh economic sanctions.

Furthermore, Israel might also face further risks such as sanctions, weapons embargoes, and boycotts. El Al or other Israeli carrier might be banned from operating in certain countries.

Bensouda's tenure as prosecutor ended in June 2021. She was replaced by Karim Khan who is an experienced British barrister. Bensouda had 14 investigations which were taken over by the prosecutor who replaced her. Eight of these investigations were in the process of being completed. nitsana darshan leitner said that he classified the cases in the docket of his court "in the process of planning" to the shock and dismay of Palestinians. This is a tactful way to say that the claims weren't urgent or meritorious enough to warrant the court's examine.

Darshan Leitner: "This upset the Palestinian Authority." " aviel darshan leitner did not understand the reason why their massive efforts to persuade the prosecution to open an investigation were denied."

nitsana darshan leitner demanded the creation of a commission in the International Court of Justice in September 2021. This was to encourage Karim Khan's decision to change his mind about the ICC's probe of Israel.

Darshan Leitner says that the PA has continued to accuse Israel for war crimes and apartheid since the beginning of time. Amnesty International reported in February that Israel was accused of committing apartheid violations in and beyond the Green Line. The report stated that Israel "has established and maintained an institution of oppression towards Palestinians" and also charged Israel with the racial segregation of Palestinians beginning in 1948.

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

The Palestinians are pushing Karim Khan, the head of the ICC prosecution, to prioritize the investigation into Israel under the "apartheidaccusation. It is a new claim that was not even part of the preliminary investigation Bensouda conducted. The prosecutor says that "whatever gets the investigation moving is justifiable to them, and regardless of what it is or whether it's true."

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

Darshan Leitner declares that Pillay Kothari, Sidoti, and Kothari have a long history of biases in favor of Israel. "Pillay herself has been accused of blaming Israel for apartheid. 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/ was also the spokesman behind the anti-Semitic Durban conferences. The rest of the group is not far behind."

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

The main attraction of the session will be the report that the commission of inquiry is expected to present regarding Operation Guardian of the Walls. This was the Israeli operation in Gaza in May 2021 as in response to missiles fired towards Israel by Hamas. The next session will likely witness Israel being accused of war crimes as well as crimes against humanity.

Darshan Leitner says that even though the State of Israel won't cooperate or join the inquiry commission, Shurat HaDin isn't able to sit silently and deny the accusations that will be presented by the commission.

Darshan Leitner explained that there are two main options for countering the Pillay panel. One is the factual one, which answers the claims of apartheid. One is the material response that responds to the claims of apartheid. The second is personal, and focuses on the inimitation of its members.

She states that her past experiences show that ShurathaDin and others will not be able convince people who are already negative about Israel.

In contrast, Shurat HaDin suggests that Shurat haDin is attempting to prove that all members of the inquiry committee are biased against Israel. The UN is willing to to sacrifice its values as well as any sense fairness to delegitimize Israel.

Darshan Leitner says, "We are going launch a campaign to call for the resignation of all COI members." "We're going to stage massive protests and file legal actions against the COI. Its members , and any other person who supports the COI."

Shurat HaDin will also show that the PA as opposed to Israel are the real people who violate human rights. "We will look through their laws and expose what we have learned about the discrimination against women, children, the LGBTQ community and their flawed legal system. Do you know that according to PA law the law allows one to legally rape his own wife? Marital rape is not an offense under their 'advanced human-rights-friendly' legislation.

"This is just a tiny illustration of the "champions" of human rights who the UN would like to help. They are able to accuse Israel, a genuine democracy, of apartheid. they advocate a dictatorship that has not had elections for 15 years and which routinely abuses human rights of its citizens."

Darshan Leitner says Shurat HaDin also will expose the world to how minorities in Gaza as well as the PA are treated. "The fate of Christians living in Gaza and in the PA territories is sealed," she states. Their numbers are constantly decreasing. Islamic extremists calling for the killing of "infidels" are growing. They're not any worse than ISIS figures.

The Shurat HaDin leader believes Israel has made a lot of mistakes in its handling of the previous UNHRC inquiry commission led by South African jurist Richard Goldstone in 2009. Jerusalem refused to cooperate the Goldstone Commission during that famous episode. They claimed that it was biased and had an agenda that was predetermined. This wouldn't have any effect on its ability to work with the Goldstone Commission. Israel was terribly hurt by the negative impact of the final report.

"While I fully agree that Israel was right in refusing to cooperate with the vicious Goldstone witch hunting, I don't believe we dealt our cards well. It is not enough to simply not pay attention to the UNHRC and declare them as racist and sexist. The government must complement its decision by launching an effective and well-planned campaign to spread its own narrative, and to combat the antisemitic UNHRC. She says we should be vocal, take legal avenues and intervene in situations where the government is stuck."

Darshan Leitner is determined to fill this void. She summarises the present situation, and states that the main goal of the PA is to influence the Hague's chief prosecutor. It is my goal to dismantle the foundation of this commission and show that it is a misguided organization and why apartheid assertions are not true and why they better fit for the PA. This will prove that the commission has no worth.

"If you do not follow through, the results can be disastrous. The prosecutor might be influenced or change his mind. If the prosecutor does so, it would be a tragedy and an opportunity to change the game. https://twitter.com/shurathadin 's not possible to do this."



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