Notes

The UN human rights Council's investigation (Shurathadin)

Nitsana Dahan-Leitner, sitting in the Tel Aviv offices of Shurat HaDin Israel Law Center discusses the challenges Israel faces from the United Nations in coming weeks.

Her serene, almost tranquil 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] that was tasked by the UN to "investigate in the Occupied Palestinian Territory, including East Jerusalem, and in Israel any alleged violations of international human rights law and all alleged violations and violations of human rights international laws leading up to and from April 13th, 2021."

Although Israel has been the victim of UN-led investigations in the past, it's evident that the current investigation was designed to go on and investigate Israel and its IDF. The term of the commission was not established.

Darshan-Leitner established Shurat HaDin in 2003. "The UN Human Rights Council inquiry is not coming out in a vacuum," she explains. "It is connected to the activities of the International Court of Justice in The Hague."

The 1998 Rome Statute created the ICC. The court is able to prosecute people who commit crimes against humanity, genocide and war crimes as well as aggression. Israel was initially supportive of the idea of an international tribunal however, it was concerned that it could be used against it. Israel, the US and a host of other nations have not signed or ratified this law and thus are not legally bound.

In March 2021 Fatou Bensouda, the ICC prosecutor at The Hague, announced that she was planning to launch an investigation into war crimes in Israel as well as Hamas.

https://honestreporting.com/tag/shurat-hadin/ made by the International Court against Israel could have significant implications. The majority of European and Scandinavian nations are members of the court and are legally bound to follow the court's rulings. If the ICC has ruled that IDF troops had committed war crimes, any Israeli who is a part of an IDF military operation could face the possibility of being arrested. The Jewish state and its banking industry could face harsh economic sanctions.

Israel may also be subject to sanctions, weapons embargoes and boycotts. El Al or other Israeli carriers could be barred from operating in certain countries.

Bensouda's term as prosecutor ended in June 2021 and she was replaced by British barrister Karim Khan. Bensouda had 14 investigations which were taken over by the new prosecutor. Eight of the investigations were active. Darshan Leitner clarifies that he classified all items on his docket in the planning stage which was to the astonishment of Palestinians. nitsana darshan leitner was a tactful method of stating that the cases were not worthy of the court’s time or were not urgent enough.

Darshan Leitner says that Darshan Leitner says that this "frustrated the Palestinian Authority". "They couldn’t grasp the reasons behind their incredible efforts to convince the prosecutor in order to initiate an investigation have been thwarted," Darshan-Leitner said.

In September 2021 in September 2021, the PA called for the establishment of a commission in the International Court of Justice to influence Karim Khan to reconsider his views and restart the ICC's investigation against Israel.

Darshan Leitner says that Israel has been accused of war crimes and other violations of apartheid laws since the time of his interview. Amnesty International reported in February that Israel was accused of apartheid behavior beyond and within the Green Line. The report stated that Israel "has established and maintained an institution of oppression" against Palestinians and also accused Israel of imposing racial segregation of Palestinians since 1948.

Darshan-Leitner explains that Palestinian complaints against Israel in the International Criminal Court have been concentrated on two areas: the IDF military operations as well as Israeli settlements. They argue that these are war crimes.

The Palestinians are pushing Karim Khan who is the ICC prosecutor, to focus on the investigation into Israel under the "apartheid” accusation. This is a brand new claim that was not even part of the preliminary investigation Bensouda conducted. But, she said, "Whatever gets this investigation moving is legit in their eyes, regardless of what it is or if it's even true."

nitsana darshan leitner , new ICC prosecutor. (Credit: Michael Kooren/Reuters)
The latest effort by the Palestinians to convince the tribunal at The Hague is the UN's three-member commission of inquiry that 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 and Sidoti have a history of expressing biases against Israel. "Pillay, herself, has made allegations against Israel regarding apartheid. aviel darshan leitner was her spirit behind the anti-Semitic Durban conferences. The rest of the group is not far behind."

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

The report from the commission of inquiry on Operation Guardian of the Walls will be the most important portion of the session. It will examine the Israeli operation against Gaza in May 2021 in order to prevent Hamas from launching missiles at Israel. This session is likely to be a time of Israel being accused of war crime and apartheid, as well as crimes against humanity.

nitsana darshan leitner -Leitner says that while the State of Israel will not be involved in or cooperate with the inquiry commission, Shurat HaDin cannot sit in silence and overlook the allegations that are likely to come from the commission.

"There are two main possible strategies to combat the Pillay committee" Darshan-Leitner explains. "One is the practical response that responds to the allegations of apartheid. Another is the personal perspective - focused on the lack impartiality of its leaders."

She stated that her previous events have proven that Shurat HaiDin, or any other person, will not be able to convince those who are already negatively disposed towards Israel to alter their views.

In contrast, Shurat HaDin suggests that Shurat haDin is attempting to prove that all of the members of the inquiry commission are biased towards Israel. The UN is willing to sacrifice its core values and any notion of fairness to discredit Israel.

Darshan Leitner Darshan Leitner says, "We will launch a campaign that calls for the resignation of all COI members." "We will launch a mass petition against the COI and its members, and any other person who is a member of this committee." Darshan-Leitner said.

Shurat HaDin will also demonstrate that the PA and not Israel are the true people who violate human rights. "We will scrutinize their laws and uncover what we know - the discrimination against women, children as well as the LGBTQ community and their flawed legal system. Did you know 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 the examples of the UN's "champions of human rights who the UN is determined to assist. While they are able to accuse Israel which is a genuine democracy - of apartheid, they advocate a dictatorship, that hasn't held elections for 15 years, and which routinely violates human rights of its own population."

Darshan Leitner claims that Shurat haDin will also reveal to the world how minorities are treated in the PA and Gaza. Their numbers are continually decreasing. Islamic extremists calling for the murder of 'infidels', who are no better that ISIS figures , which are on the increase is an Islamic extremists.

The Shurat HaDin leader feels that Israel made grave mistakes when it dealt with an earlier UNHRC inquiry commission led by South African jurist Richard Goldstone in 2009. Jerusalem did not cooperate with in the Goldstone Commission during that famous episode. They claimed that the Goldstone Commission was biased and had an agenda predetermined. This wouldn't have any influence on their ability to work with the Goldstone Commission. The negative end report created great political tensions for Israel.

"While I am fully convinced that Israel was in the right to not cooperating with the vile Goldstone witch hunting I'm not sure we dealt our cards carefully. It is not enough to simply avoid the UNHRC, and label them prejudiced and hateful. The government had to back its decision by launching an effective campaign to deter and disseminate the anti-Semitic UNHRC. She suggests that we speak up, use legal recourses and take action in situations where the government is essentially stuck."

Darshan Leitner aims to fill this void. She outlines the current state of affairs and explains that ultimately, the PA's goal is to influence the Hague's chief prosecutor. Therefore, "if Shurat Hadin can uproot the commission's foundations to demonstrate how flawed it is, how the claim of apartheid's legitimacy is not true and is more suited to the PA, it will show that the commission is devoid of significance.


"If we don't take this step then the consequences will be bad. The prosecutor may be influenced, and may reconsider his decision. It could be a disaster for the prosecution, and a major game-changer. It cannot be allowed to take place."



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