Notes

Investigation by the UN Human Rights Council (Shurat Hadin).

Nitsana darshan-Leitner outlines the challenges Israel faces over the next few weeks from the United Nations while sitting in the Tel Aviv offices of Shurat HaDin Israel Law Center .

Her calm 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 given the authority to "investigate in Occupied Palestinian Territory (including East Jerusalem) any alleged violation of International human rights law and all allegations of violations or abuses of International Human Rights Law until and including April 13th 2021."

There have been numerous aggressive UN investigation into Israel before, what distinguishes the current investigation is that it was designed as a continuous and ongoing investigation to investigate Israel and the IDF. The commission has not been given an end date for its term.

Darshan-Leitner is the founder of Shurat HaDin, explained that "the UN Human Rights Council Investigation is not coming from out of thin air". It is related to the work of the International Court of Justice at The Hague.

In 1998 the Rome Statute established the ICC. The court is empowered under the Rome Statute to bring charges against individuals convicted of genocide crimes or crimes against mankind, as well as the crime of aggression. Israel initially supported the creation of an international court. But, it was concerned that this court might be used against Israel. The US, Israel and many other countries have not yet ratified or signed the statute. Therefore, 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 that she was starting a war crimes investigation against Israel.

A decision by the International Court against Israel could have significant implications. The court is member of the majority of European and Scandinavian countries, and they are legally bound to respect its rulings. Any Israeli soldier who took part in IDF military activities and was in countries which are members of the court, like Canada, Australia, or New Zealand, could be arrested if the ICC declared that IDF soldiers were committed war crimes. A severe economic penalty could be put on the Jewish State and the banking industry.

Israel might also be exposed to further risks, such as sanctions and weapon embargoes. El Al, or other Israeli carriers, might be prohibited from operating in specific countries.

Bensouda was removed from office in June 2021. Karim Khan, a British barrister, was appointed her replacement. Bensouda was able to inherit 14 investigations, which included eight ongoing investigations. Karim Khan was the new prosecutor who was able take over all of them. Darshan Leitner said that he classified all the matters in the docket of his court "in the planning stage" to the shock and dismay of the Palestinians. It's a polite way to say that the claims were not meritorious or urgent enough to warrant the court's examine.

Darshan Leitner states Darshan Leitner says "this angered the Palestinian Authority." "They could not understand the reason why their efforts to get the prosecutor open an investigation have stalled."

The PA called for the establishment of a commission within the International Court of Justice in September 2021 in order to press Karim Khan to reconsider his position and reactivate the ICC investigation against Israel.

Darshan Leitner says that Israel was accused by the PA of war crimes, apartheid and other violations. The Amnesty International report, released in the beginning of February it claimed Israel of discrimination within and beyond the Green Line. According to the report, Israel "has established and sustained an institutionalized regime for oppression" towards Palestinians. It also claimed that Israel of racial segregation of Palestinians from 1948.

Darshan-Leitner explains that Palestinian claims against Israel at the International Criminal Court have focused on two areas: IDF military operations and the issue of Israeli settlements, which they say constitute war crimes.

https://www.misterpoll.com/users/aviel.darshan.leitnerpyjn5542 are urging Karim Khan who is the ICC prosecutor, to focus on the probe into Israel under the "apartheidclaim. It is a new claim that was not even part of the preliminary investigation Bensouda carried out. nitsana darshan leitner claims that "whatever gets the investigation moving is valid to them, and it doesn't matter what it's or whether it's true."

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

Darshan Leitner claims Darshan Leitner says that Pillay Kothari, Sidoti and Kothari are all known for their biases toward Israel. "Pillay is known to be a as a victim of apartheid. She has also claimed that she was a victim of Israel of using apartheid. The others are not far from the scene."

The 49TH session of the UN Human Rights Council (HRC49) will be held at its office in Geneva from February 28 to April 1.

The primary attraction of the session is likely be the report the commission of inquiry is expected to release about Operation Guardian of the Walls. This was the Israeli operation that took place in Gaza in May 2021 as in response to missiles launched towards Israel by Hamas. Israel is expected to be accused of war crimes, apartheid, and crimes against humanity during the session.

Darshan-Leitner states that even though the State of Israel will not cooperate or become involved with the inquiry commission, Shurat HaDin cannot sit in silence and overlook the allegations that are likely to come out of the commission.

Darshan Leitner said that there are two main options to combat the Pillay panel. "One is the practical response to counter the allegations of apartheid. The second is the personal aspect, focusing on its members' inimility.

http://www.bsaa.edu.ru/bitrix/rk.php?goto=https://www.cambridge.org/core/journals/israel-law-review , she states, shows that it's highly unlikely that Shurat HaDin or any other person, or anyone else is able to influence those already negatively disposed to Israel to reconsider their views.

She suggests that Shurat HaDin will instead show that all members of the inquiry commission have a bias against Israel and also that the UN will sacrifice its fundamental values as fairness, fairness and sense of fairness in order to undermine the legitimacy of Israel.

Darshan Leitner Darshan Leitner explains "We're going to launch an initiative calling for all COI Members to step down." "We're planning to hold massive protests and file legal action against the COI. Its members and anyone else who supports this committee."

Shurat haDin will also attempt to prove that the PA rather than the State of Israel is, the actual violator of human Rights. "We will look through their legislation to see what we can discover - discrimination against children, women and the LGBTQ community as well as their ineffective legal system. Did you have any idea that PA law permits one to legally rape his wife? Marital rape is not an offense under their 'advanced human-rights-friendly' legislation.

This is just one of many examples of the United Nations "champions of Human Rights" who are eager to help. While they accuse Israel as a genuine democratic state - of apartheid they promote a tyranny, that hasn't had elections in 15 years, and which systematically abuses the rights of its own population."

Darshan Leitner asserts that Shurat HaDin also will reveal to the world how minorities living in Gaza as well as the PA are treated. "The fate of Christians living in Gaza as well as the PA territories is sealed," she states. The number of Christians is decreasing continuously. Islamic extremists who demand the killing of 'infidels' are growing. They are no worse than ISIS figures.

Shurat haDin leader believes Israel committed a grave error when it dealt with the UNHRC earlier commission of inquiry led by Richard Goldstone (South African jurist). Jerusalem did not cooperate with the Goldstone Commission during that famous episode. They claimed that it was biased and had a predetermined agenda. It would not have any influence on their ability to work in a legitimate manner with the Goldstone Commission. Israel was terribly hurt by the negative report's aftermath.

"While https://peatix.com/user/12243935 did the right choice in refusing to aid or cooperate with the hateful witch-hunt based on Goldstone, I do not believe that we played our cards properly. It's not enough to simply not pay attention to the UNHRC and call them prejudiced and hateful. The government needed to supplement its decision with a well-organized and proactive campaign to spread its own version of events and to defend itself against the antisemitic UNHRC."This is why an NGO such as Shurat HaDin can play such a crucial role. nitsana darshan leitner says we should engage in legal recourses and take action in situations where the government is in the middle."

Darshan Leitner is hoping to fill the void. She outlines the current state of affairs and explains that ultimately, the PA's goal is to influence The Hague's chief prosecutor. In a nutshell, she said, "If I can remove the foundations of the commission to expose how flawed the claim is, why apartheid's claim is wrong and the reason it is better suited to the Hague's chief prosecutor and show it has no value."

"If the procedure is not followed, it will result in bad results. The prosecutor may be influenced and change his opinion. If this happens, it could be a disaster and could be a game changer. We can't let this happen."


Website: http://www.bsaa.edu.ru/bitrix/rk.php?goto=https://www.cambridge.org/core/journals/israel-law-review