Notes

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

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

Her calm, almost serene attitude is in stark contrast to the strong opposition Israel is expected to face 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 all allegations of violations of international humanitarian law and all alleged violations and violations of human rights international laws leading up to and from April 13, 2021."


Although there have been previous UN investigation into Israel The difference between the current and past UN investigation is that the commission was established to be a permanent inquiry and continue investigating Israel as well as the IDF. The investigation was not provided with an expiration date.

Darshan-Leitner clarifies, "The UN Human Rights Council investigation isn't coming out a thin air," and he established Shurat HaDin back in 2003. It's related to happenings at The Hague's International Court of Justice."

In 1998 the Rome Statute gave birth to the ICC. The court has the authority to bring criminal charges against individuals who have committed crimes like genocide or crimes against humanity. Israel, the US, and many others haven't signed the statute nor ratified it. This means that they are not legally bound or obligation to adhere to the decisions of ICC.

Fatou Bensouda at The Hague was the ICC Prosecutor of the ICC. She declared that she would start a war crimes probe into Israel as well as Hamas in March 2021.

A decision by the International Court against Israel may have significant implications. The majority of European and Scandinavian nations are members of the court and are legally bound to follow its rulings. If the ICC ruled IDF soldiers had committed war crimes, all Israelis who served in IDF military operations may be detained. This is true for those who travel to member countries such as Australia, Canada, and New Zealand. Economic sanctions that are harsh could be imposed on the Jewish state and its banking sector.

Israel could also be subject to additional dangers, including sanctions and embargoes on weapons. El Al or other Israeli carrier might be banned from operating in some countries.

nitsana darshan leitner was removed from office in June 2021. Karim Khan, a British barrister, was appointed her replacement. Bensouda inherited 14 investigations which included eight active investigation. Karim Khan was the new prosecutor who was able take over all of them. Darshan Leitner explained that he classified all the matters in the docket of his court "in the process of planning" to the shock and dismay of Palestinians. This is a way of politely say that the claims were not meritorious or urgent enough for the court to take into consideration.

Darshan Leitner says that the situation "frustrated the Palestinian Authority". "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, the PA called for the establishment of a commission in the International Court of Justice to influence Karim Khan to change his mind and reactivate the ICC's investigation against Israel.

Darshan Leitner says that Israel has been accused of war crimes and apartheid violations since the time of his interview. The Amnesty International report, released in early February it accused Israel of apartheid behavior in and outside the Green Line. The report claimed that Israel "has constructed and sustained an oppression system against Palestinians" and also charged Israel with the racial segregation of Palestinians since 1948.

Darshan Leitner says the Palestinian allegations against Israel at the International Criminal Court are focused on two areas. nitsana darshan leitner as the issue of Israeli settlements. Both of these, they say, are war crimes.

Karim Khan is urged by the Palestinians as the ICC prosecutor to prioritize the investigation of Israel under "apartheid", a new accusation. It was not one that Bensouda examined in his preliminary investigation. However, she added, "Whatever gets this investigation moving is legit according to their perspective regardless of what it's about or if it's true."

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

Darshan Leitner states Darshan Leitner says that Pillay Kothari, Sidoti and Kothari are all famous for their biases towards Israel. "Pillay has also accused Israel of apartheid, and was the main factor behind the antisemitic Durban conferences. They're not any further away."

The UN Human Rights Council 49th session (HRC49) is held in Geneva's office from February 28 through April 1.

The report from the commission of enquiry on Operation Guardian of the Walls is the most significant part of the session. It will focus on the Israeli operation against Gaza in May 2021 to deter Hamas from firing missiles at Israel. During the session, Israel will likely to be facing accusations of apartheid, war crimes and crimes against humanity.

Darshan Leitner stated that, even though Israel will not cooperate with the inquiry commission or be involved, Shurat haDin can't ignore the accusations that will soon be made from the commission.

Darshan Leitner clarifies that there are two major alternatives to combat the Pillay Committee. "One is the practical response that responds to the allegations of apartheid. The personal argument is based on members who are not impartial.

Her previous experience, she claims she believes, indicates that it's highly unlikely that Shurat HaDin, or anyone else, or anyone else will be able convince those who are already negatively disposed to Israel to change their minds.

She proposes that Shurat HaDin should instead demonstrate that all the members of the commission of inquiry are biased against Israel and that the UN is prepared to sacrifice its core values of fairness, fairness, and a sense of fairness to undermine the legitimacy of Israel.

Darshan Leitner Darshan Leitner says, "We will launch a campaign calling for the resignations of the entire COI members." " 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/ are planning to launch mass petitions, take legal actions against COI members, and anyone else who aids this committee," Darshan Leitner states.

Shurat HaDin on the other hand, is going to try to show that the PA is the main violation of human rights. " nitsana darshan leitner will look through their laws and expose what we have learned about the discrimination against women, children and the LGBTQ community, as well as their ineffective legal system. Did you not know that PA law permits a man to legally rape his wife of his partner? nitsana darshan leitner is not an offense under their 'advanced human-rights-friendly' legislation.

"This is just a small example of the 'champions of human rights' the UN is eager to help. While accusing Israel of being apartheid , they encourage a tyranny which hasn't had elections for 15 year and that routinely infringes on the human rights of its citizens.

Darshan Leitner claims that Shurat HaDin also will reveal to the world how minorities in Gaza and in the PA are treated. "The fate of Christians living in Gaza as well as the PA territories is sealed," she states. Their numbers keep decreasing. They are growing.

Shurat HaDin's leader believes that Israel has made a number of mistakes in the handling of the 2009 UNHRC investigation into Richard Goldstone, a South African jurist. Jerusalem did not cooperate with the Goldstone Commission in that scandalous episode. The Goldstone Commission was led by Richard Goldstone who was an South African jurist. Israel was the target of numerous tensions following the publication of the final, highly criticized report.

"While I agree that Israel was correct to refuse to help or participate in the deplorable Goldstone Witch Hunt, I'm not convinced we played our cards right. It isn't enough to just ignore UNHRC and call them biased or hateful. The government needed to support its decision by launching an organized campaign to disseminate and counterattack the anti-Semitic UNHRC. We can take action, speak out and utilize legal recourses in situations where the government's hands are essentially tied," she says.

Darshan Leitner seeks to fill the gap. She summarises the present situation and explains that the main goal of the PA is to influence The Hague's chief prosecutor. "If I can dismantle the foundation and the claims of apartheid , to demonstrate how wrongheaded it is, and how it's better suited to the PA and the Commission, it will show that the Commission is worthless."

"If we do not take this action then the consequences will be poor. The prosecutor could be influenced to change his mind. It will be a tragedy and it could alter the course of justice. It's not possible to do this."



My Website: 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/