Notes

The UN human Rights Council investigation (Shurathadin)

Nitsana Shurat HaDin -Israel Law Center sits in the Tel Aviv office of Shurat HaDin on the sun-drenched afternoon of a Sunday. She describes the problems Israel will face as a result of the United Nations in forthcoming weeks.

Her calm, almost serene demeanor belies the fierce opposition Israel will likely to encounter from the UN Human Rights Council and the three-member Commission of Inquiry [COI] which was appointed 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 law leading up to and since April 13th, 2021."

Although Israel has been the subject of UN investigations in the past it's notable that the current UN investigation is ongoing and continues to probe Israel as well as the IDF. The term of the commission was not decided.

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

In 1998 in 1998, the Rome Statute established the ICC. The court has the power to prosecute individuals for crimes against humanity or genocide and war crimes as well as aggression. aviel darshan leitner was initially supportive of the idea of an international court, however, it was concerned that it might be used against it. The US, Israel and many other nations haven't yet ratified or signed the statute. Therefore, they aren't legally bound by the rulings of the ICC.

Fatou Bensouda the ICC prosecutor from The Hague announced in March 2021 that she was conducting a war crimes investigation against Israel, Hamas, and other nations.

A International Court decision against Israel could have significant ramifications. Most European and Scandinavian countries are members of the court and legally bound to follow the court's decisions. Any Israeli soldier serving in IDF missions that were involving war crimes could be held responsible if the ICC decides that they committed a crime. Harsh economic sanctions could be imposed against the Jewish state and its banking sector.

Israel might be facing further threats, including sanctions, embargoes on weapons or boycotts. El Al and other Israeli transporters might not be allowed to conduct business in some countries, for instance.

Bensouda's tenure as prosecutor ended in June 2021. She was replaced by Karim Khan Karim Khan, a British barrister. Bensouda was able to inherit 14 investigations, which included eight ongoing investigations. The new prosecutor was able take over all of them. Darshan Leitner explained that to the dismay of Palestinians the court classified things on the docket of his court as "in the process of preparation". This polite way of saying the claims did not have the merit or urgency that merited the court's attention.

Darshan Leitner states Darshan Leitner says "this caused a lot of anger to the Palestinian Authority." "They were unable to comprehend the reason for the arduous efforts they made to get the prosecutor to launch an investigation have not succeeded."

The PA demanded the establishment of a commission at the International Court of Justice. This would permit Karim Khan who was unable accept the PA's request for reactivation of ICC investigations against Israel, to change his decision.

Darshan Leitner claimed that the war crimes committed by Israel are being carried on by the PA since the time of Darshan Leitner's statement. Amnesty International published a report accusing Israel of apartheid behavior within and beyond the Green Line. The report said that Israel had "established and maintained an institutionalized system of oppression" toward Palestinians. Additionally the report accused Israel for its racial segregation of Palestinians that dates back to 1948.

Darshan Leitner says the Palestinian claims against Israel at the International Criminal Court are focused on two specific areas. The IDF military operations, and the issue of Israeli settlements. http://www.thetower.org/article/the-woman-who-makes-the-jihadis-squirm/ of these areas they claim constitute war crimes.

Karim Khan, the ICC prosecutor, is being pressured by Palestinians to prioritize the probe of Israel in the context of the "apartheid" assertion an assertion that is new, which was not one of the allegations that were being investigated in the initial investigation which Bensouda pursued. But, she said, "Whatever gets this investigation moving is valid to them 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 that is led by Navi Pillay of South Africa and includes Miloon Kothari, Australia and Chris Sidoti, is the latest attempt by Palestinians to get their message across to The Hague court.

Darshan Leitner asserts that Pillay Kothari and Sidoti have a long history of expressing prejudices against Israel. " https://www.timesofisrael.com/topic/shurat-hadin-israel-law-center/ , herself, has made accusations against Israel regarding apartheid. It was her person who conceived the anti-Semitic Durban conferences. "The other people are following the footsteps of their predecessors."

From February 28 through April 1, UN Human Rights Council (HRC49) will host the 49th session.

The most significant feature of the session is likely be the report the commission of inquiry will release about Operation Guardian of the Walls. This was the Israeli operation in Gaza in May 2021 , as a response to the missiles fired towards Israel by Hamas. This session will be a time when Israel being accused of war crimes and apartheid as crimes against humanity.

Darshan-Leitner states that even though the State of Israel will not be involved in or cooperate with the inquiry commission, Shurat HaDin cannot sit back quietly and ignore the accusations likely to be issued from the commission.

Darshan Leitner declares that there are two possible ways to counter the Pillay commission. "One is the pragmatic response in response to allegations of apartheid. The second is the personal aspect, focusing on its members' inimility.

She asserts that her past experiences have shown that Shurat haDin, or any other person, are not capable of convincing those already hostile to Israel to reconsider their views.

She suggests that Shurat HaDin plans on illustrating that all commission of inquiry members are biased towards Israel and that the UN will sacrifice its fundamental values and its sense of fairness in the pursuit of discrediting Israel.


"We are going to start a campaign calling for the resignation of all COI members," says Darshan-Leitner. "We're planning to hold massive protests and file legal action against the COI. Its members and everyone else who is a part of the COI."

Shurat HaDin also plans to show that the PA and not Israel are the real violators of human freedoms. "We are going to scan their laws and uncover what we know - the discrimination against children, women as well as the LGBTQ community and their flawed legal system. Did you not know that PA law permits a man to legally rape the spouse of his partner? Marital rape is not an offense under their 'advanced human-rights-friendly' legislation.

This is only one of the many instances of the United Nations "champions of Human Rights" who are eager to aid. As they accuse Israel, a genuine democracy, of apartheid. they support a regime that has not had elections for 15 years and which systematically infringes on the human rights of its people."

Darshan Leitner asserts that Shurat haDin will also demonstrate to the world the way minorities are treated by the PA and Gaza. Their numbers are steadily decreasing. Islamic extremists who call for kill 'infidels' are not any better than ISIS figures are increasing."

Shurat haDin leader believes that Israel has made a number of mistakes when it handled the UNHRC earlier commission of inquiry headed by Richard Goldstone (South African jurist). Jerusalem was not willing to cooperate with the Goldstone Commission in that scandalous incident. The commission was headed by Richard Goldstone who was who was a South African jurist. The repercussions of the harshly critical final report it caused a lot of political tensions internationally for Israel.

"While I agree with you that Israel was correct in refusing to cooperate with the vile Goldstone witch hunting I'm not sure we dealt our cards well. It's not enough to simply ignore the UNHRC or declare them racist and prejudiced. The government had to back its decision with an effective campaign to disseminate and counter the anti-Semitic UNHRC. She claims, "We can act, make a statement, and even take legal recourse in situations in which the government's hands are tied."

Darshan Leitner is trying to fill the void. She summarizes the present situation and explains that ultimately the goal of the PA is to influence the Hague's chief prosecutor. It is my aim to expose the underlying principles of this commission, and to show that it is a misguided organization, how apartheid claims are wrong and better fit for the PA. nitsana darshan leitner will prove that the commission is of no worth.

"If we don't do this, the outcome is going to be disastrous. The prosecutor could be influenced to alter his mind. It would be a devastating and significant loss. This can't happen.



Website: http://www.thetower.org/article/the-woman-who-makes-the-jihadis-squirm/