Notes

The UN human rights Council's investigation (Shurathadin)

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

Her serene, calm attitude is in stark contrast to the strong opposition Israel will likely to encounter from the UN Human Rights Council as well as the three-member Commission of Inquiry [COI] who was mandated 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 international human rights laws leading to and after April 13th, 2021."


There have been past UN investigation into Israel, the distinction between the current and prior UN investigation is the fact that this commission was created to function as a permanent investigation and will continue to investigate Israel and the IDF. The commission's term did not have an end date.

"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 developments at the International Court of Justice in The Hague.

The ICC was created by the Rome Statute in 1998, which established the court. The court is able to prosecute individuals for crimes of genocide, crimes against humanity, war crimes, and the crime of aggression.While Israel initially supported the idea of an international court it was worried that the court could be used as a weapon which could be used against it. Israel, the US and numerous other countries have neither signed nor ratified the statute and have no legal obligation to abide by the decisions of the ICC.

Fatou Bensouda at The Hague was the ICC Prosecutor. She announced that she would launch a war crimes probe into Israel and Hamas in March 2021.

The International Court's decision against Israel could have serious implications. A majority of European and Scandinavian nations have joined the court and legally obligated to honor the court's decisions. Any Israeli soldier who participated in IDF military missions and traveled to countries which are members of the court, like Canada, Australia, or New Zealand, could be taken into custody if ICC declared that IDF soldiers were in fact guilty of war crimes. Economic sanctions that are harsh could be imposed on the Jewish state as well as its banking sector.

Israel could also be exposed to other threats, such as sanctions, embargoes on weapons, or even boycotts. El Al, or other Israeli carriers could be prohibited from operating in specific countries.

Bensouda retired as prosecutor in June 2021. aviel darshan leitner , a British barrister was appointed her successor. Bensouda had 14 investigations that were inherited by the new prosecutor. Eight of these investigations were in the process of being completed. Darshan Leitner explained how to the astonishment of Palestinians the court classified items on the docket of his court as "in preparation stage". aviel darshan leitner of describing the allegations did not have the merit or urgency that merited the court's focus.

"This upset the Palestinian Authority," says Darshan-Leitner. "They were unable to comprehend the reason for the arduous efforts they made to get the prosecutor to launch an inquiry have failed."

In September 2021 in September 2021, the PA demanded the establishment of a commission in the International Court of Justice to influence Karim Khan to change his mind and to reopen the ICC's probe against Israel.

Darshan Leitner states that Israel was in the eyes of the PA of war crimes, apartheid and other violations. Amnesty International reported in February that Israel was accused of discrimination against minorities outside and inside the Green Line. The report stated that Israel had "established and maintained an institutionalized system oppression" toward Palestinians. Additionally the report accused Israel for racial separatism of Palestinians dating back to 1948.

Darshan-Leitner explains that Palestinian claims against Israel before the International Criminal Court have focused on two issues: IDF military operations and the issue of Israeli settlements that they claim constitute war crimes.

Karim Khan (the ICC prosecutor) is currently being urged by Palestinians for Israel to be probed under the "apartheidcharge. Shurat Hadin was not included in the initial investigation Bensouda was conducting. The prosecutor says that "whatever gets the investigation moving is valid in their eyes, it doesn't matter what it's or whether it's true."

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

Darshan Leitner claims that Pillay Kothari, Sidoti and Kothari are all known for their biases towards Israel. "Pillay herself is accused of being apartheid in Israel and was the main inspiration behind the antisemitic Durban conference. Others are not too far behind."

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

The report of the commission of enquiry regarding Operation Guardian of the Walls will be the most important aspect of the session. It will examine the Israeli operation against Gaza in May 2021 to stop Hamas from launching missiles towards Israel. The next session will be a time when Israel being accused of war crimes, as well as apartheid and crimes against mankind.

Darshan Leitner declared that even though Israel will not cooperate with the inquiry commission or be involved, Shurat haDin can't ignore the allegations that are likely to be made from the commission.

https://d.facebook.com/shurat.hadin.israel.law.center/photos/a.718402058209977/1019579661425547/?type=3&p=30 clarifies that there are two primary alternatives to combat the Pillay Committee. "The first is the material answer - answering the allegations of apartheid. The second is the personal aspect that focuses on its members' inimility.

She claims that her previous experiences have shown that Shurat HaDin or any other person won't be able to influence people already negative about Israel to change their mind.

She suggests that Shurat HaDin should instead demonstrate that all members of the inquiry commission are biased against Israel and that the UN will sacrifice its core values of fairness, fairness, and a perception of fairness to delegitimize Israel.

Darshan Leitner declares, "We are going launch an initiative to demand the resignations from the entire COI." COI members." "We plan to organize mass petitions, to take legal actions against COI members as well as anyone who assists this committee," Darshan Leitner declares.

Shurat HaDin, on the contrary, will attempt to show that the PA is the main person who violates human rights. "We will scrutinize their laws and identify what we have learned about the gender discrimination that is imposed on children, women, and members of the LGBTQ community, and their broken law system. Are you aware that an PA law allows one to legally rape a wife? Marital rape is not an offense under their 'advanced human-rights-friendly' legislation.

"This is but a minor example from the 'champions' of human rights who the UN would like to help. They are accused of Israel, a true democracy, of apartheid. They also back a dictatorship that has not held elections for 15 years and that frequently violates human rights their own citizens.

Darshan Leitner states that Shurat HaDin will also expose the world about how minorities are treated in the PA as well as Gaza."The fate of Christians in the PA territories as well as Gaza is set," she asserts. Their numbers are decreasing. Islamic extremists are increasing and calling for the murder of "infidels" and are even more violent than ISIS.

According to Shurat HaDin, Israel committed grave errors in the handling of a UNHRC inquiry into the South African jurist Richard Goldstone's 2009 trial. Jerusalem refused collaboration with the Goldstone Commission after it found that the commission had a biased agenda. However, the negative final report caused great political tensions for Israel.

"While I wholeheartedly agreed that Israel was in the right to refuse to facilitate or cooperate with the hateful Goldstone witch-hunt, I do not think we had a good time playing our cards. It doesn't suffice to ignore UNHRC and label them as prejudiced or haters. https://www.jbstv.org/tag/shurat-hadin/ was imperative for the government to contribute to its decision by a well-organized and proactive campaign to disseminate their narrative and counterattack against the antisemitic UNHRC. She says we have the ability to engage, speak out and use legal proceedings in situations where the government has its hands tied."

Darshan Leitner is hoping to fill that void. She outlines the current state of affairs, and states that the main goal of the PA is to influence The Hague’s chief prosecutor. To summarize Shurat Hadin stated, "If I can remove the foundations of the commission to expose how flawed it is, and how apartheid's claims are false and how it's more appropriate for the Hague's chief prosecutor, it will show that it is not worth the effort."

"If the procedure is not followed the way it should, it will lead to bad results. The prosecutor might be influenced, and could alter his mind. It would be a devastating and significant loss. aviel darshan leitner cannot let this happen."



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