Notes

The UN human Rights Council investigation (Shurathadin)

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

nitsana darshan leitner and peaceful appearance hides the ferocious opposition Israel faces against the UN Human Rights Council [COI], which consists of three members. The UN Human Rights Council was assigned the responsibility to "investigate in Occupied Palestinian Territory (including East Jerusalem) any alleged violation of international humanitarian law as well as all allegations of violations or abuses of the International Human Rights Laws through April 13, 2021."

While there have been prior UN investigations into Israel however, the main distinction between the current and previous UN investigation is that the commission was set up for a continuous investigation and will continue to investigate Israel and the IDF. The commission has not been given an end date for its term.

Darshan-Leitner founded Shurat HaDin in 2003. "The UN Human Rights Council inquiry is not emerging from thin air," she explains. It's related to events at The Hague's International Court of Justice."

The 1998 Rome Statute created the ICC. The court has the power to prosecute individuals for crimes against humanity as well as genocide, war crimes and aggression. Israel was initially supportive of the concept of an international court, but it was worried that it could be used against them. Israel, the US as well as many other countries have not signed the law or ratified it. This means they are not legally bound or obligation to adhere to the decisions of 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.

https://www.zoominfo.com/c/shurat-hadin/207110422 by the International Court against Israel may have significant implications. The majority of European and Scandinavian nations have joined the court, and are legally bound to follow the court's rulings. Anyone Israeli soldier who is involved in IDF operations that involved war crimes may be held responsible if the ICC decides that they committed a crime. The threat of harsh economic sanctions could be leveled against the Jewish state and the banking industry.

Furthermore, Israel might also face additional risks, such as sanctions, weapons embargoes, and boycotts. El Al or other Israeli carriers could be barred from operating in some countries.

Bensouda's prosecutor's term came to an end in June 2021. She was replaced by Karim Khan Karim Khan, who is a British barrister. Bensouda had 14 investigations that were taken over by the new prosecutor. Eight of the investigations were in the process of being completed. Darshan Leitner explained the process by which to the dismay of Palestinians, he classified the cases on the dockets of his court as "in preparation stage". This is a courteous way of saying the claims were not of sufficient merit or urgency that merited the court's focus.

Darshan Leitner said that "this caused a lot of anger to the Palestinian Authority." "They were unable to comprehend why their tireless efforts to convince the prosecutor to start an investigation has stalled."

The PA demanded the creation of a commission within the International Court of Justice in September 2021. This was done to spur Karim Khan to reconsider his views on the ICC's probe of Israel.

Darshan Leitner says that the PA continues to charge Israel for war crimes and apartheid since the time of the report. Amnesty International released a report in February which claimed Israel of discrimination against its own citizens inside and outside the Green Line. The report claimed Israel "has created an institutionalized system of oppression against Palestinians" and further accused Israel in racial separation since 1948.

Darshan Leitner says that Palestinian demands against Israel are focusing on the International Criminal Court on two areas: IDF Military Operations and the issue of Israeli Settlements. These are they claim to be war crimes.

Karim Khan is being pressured by the Palestinians, the ICC prosecutor is being urged to prioritise the investigation of Israel under "apartheid", a new accusation. It was not one that Bensouda investigated in his preliminary investigation. However, "whatever gets this investigation going is legitimate in their eyes, 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 three-member Commission of Inquiry, headed by Navi Pillay (South Africa) and comprising Miloon Kthari (India) as well as Chris Sidoti [Australia), is the latest attempt to persuade The Hague.

Darshan Leitner writes that Pillay Kothari (and Sidoti) are known for their prejudices towards Israel. "Pillay is well-known as a victim of apartheid. nitsana darshan leitner has been accused of accusing Israel of apartheid. The rest aren't far behind."

From February 28th until April 1 From February 28th to April 1st, the UN Human Rights Council will hold its 49TH session (HRC49).

The main focus of the session is likely to be the report of the inquiry commission regarding Operation Guardian of the Walls. This refers to the Israeli operation that occurred in Gaza as a result of the Hamas missiles fired at Israel in May 2021. The next session will likely see Israel being accused of war crimes as well as crimes against humanity.

Darshan Leitner said that the State of Israel would not collaborate or join the inquiry commission. Shurat HaDin, however, cannot afford to ignore the accusations that could be made by this commission.

Darshan Leitner explained that there are two major alternatives to counter the Pillay panel. "One is the response to the material to counter the allegations of apartheid. Another is the personal perspective - focussing on the lack of the impartiality of its leaders."

She asserts that her past instances show that Shurat haDin or anyone else is not in a position to convince those who are opposed to Israel to change their minds.

Shurat Haidin suggests that Shurat Hadin is more interested in illustrating that all members to the commission of enquiry have a bias towards Israel and that the UN will be willing to sacrifice its fundamental values and notion of fairness to delegitimize Israel.

Darshan Leitner Darshan Leitner explains "We're planning to launch an initiative calling for everyone COI Members to step down." "We will organize massive petitions and take legal action against the COI, its members and anyone who assists the COI."

Shurat HaDin will also attempt to show that it's not Israel, but the PA that are the true violations of human rights. "We will be looking over their laws and eliminating all information we can about their discrimination against women, children as well as the LGBTQ community as well as their legal system that is flawed. Did you know that PA law allows a man to legally rape the wife of his lover? 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 right that they would like to assist. While they claim Israel of apartheid, the UN promotes the rule of law with no elections in 15-years and that consistently violates the rights of its own citizens.

aviel darshan leitner declared that Shurat Hasina is also going to expose the world the discrimination against minorities in Gaza as well as the PA territories, as well as Gaza. The number of Christians is decreasing constantly. They are on the rise.

Shurat haDin leader believes that Israel committed a grave error in its handling of the UNHRC earlier inquiry commission which was headed by Richard Goldstone (South African jurist). Jerusalem refused to cooperate in that notorious episode in the Goldstone Commission. It claimed that it was a biased body with an agenda that was predetermined and would not allow it to legitimize its cooperation. However, the negative final report created great political tensions in Israel.

"I believe that we didn't play the cards right however I do agree with Israel's refusal to cooperate or assist in the hateful Goldstone witch-hunt. It's not enough to avoid the UNHRC or label them as prejudiced and racist. It was necessary for the government to contribute to the decision by running a well-organized and proactive campaign to spread their own narrative and counterattack against antisemitic UNHRC. We have the ability to make a statement and use legal remedies in cases in which the hands of the government are essentially tied," she says.

Darshan Leitner is working to fill the gap. 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 expose how flawed it is, how apartheid's assertion is false, and why it is better suited to The Hague's chief prosecutor, it will show that it lacks value."

"If the procedure is not followed the way it should, it will lead to poor outcomes. nitsana darshan leitner may be influenced to reconsider his decision. It will be a tragic and significant loss. It cannot be allowed to happen."




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