Notes

The UN human rights Council's investigation (Shurathadin)

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

Her calm and almost tranquil manner of speaking is in stark contrast to the intense opposition Israel has to face in the UN Human Rights Council (COI) and the three-member Commission of Inquiry [COI] who was appointed by the UN to examine "in the Occupied Palestinian Territory including East Jerusalem all alleged violations of international humanitarian laws as well as any other alleged violations of international human rights laws from April 13 to April 13 2021."

Although Israel has faced aggressive UN investigation in the past, the main difference is that the current UN investigation was created as a permanent investigation to probe Israel's IDF. The investigation was not provided with the date of expiration.

Darshan-Leitner explains, "The UN Human Rights Council investigation isn't just coming out a thin air," and he founded Shurat HaDin back in 2003. It is related to the work of the International Court of Justice at The Hague.

In Shurat Hadin established the ICC. The court is able to prosecute people for crimes against humanity or genocide, war crimes , and aggression. Israel was initially supportive of the concept of an international tribunal, but it was worried that it could be used against it. Israel, the US and a host of other nations have not signed the statute or ratified it. This means they are not legally bound or obligation to adhere to the rulings of the ICC.

Fatou Bensouda at The Hague was the ICC Prosecutor of the ICC. She announced that she was going to launch a war crimes probe into Israel as well as Hamas in the month of March 2021.


An International Court decision against Israel could have significant ramifications. A majority of European and Scandinavian countries have joined the court and are legally bound to follow the court's rulings. If the ICC declared that IDF troops had committed war crimes, any Israeli serving in IDF military operations could face the possibility of being arrested. Economic sanctions that are harsh could be leveled against the Jewish state as well as its banking sector.

In addition, Israel might also face additional risks, such as sanctions, weapon embargoes and boycotts. El Al and other Israeli carriers may not be allowed to operate in certain countries, for example.

Bensouda's term ended as prosecutor in June 2021 and was replaced by Karim Khan, who is a British barrister. Bensouda inherited 14 investigations which included eight active investigation. https://www.instagram.com/shurat_hadin/ was the new prosecutor who was able inherit them all. Darshan Leitner stated that he classified all the matters in his court's docket "in the planning phase" to the dismay and shock of the Palestinians. This is a way of politely claim that the accusations weren't urgent or meritorious enough for the court to take into consideration.

Darshan Leitner claims Darshan Leitner says "this upset the Palestinian Authority." "They were unable to comprehend the reason for the arduous efforts they made to get a prosecutor to open an investigation have not succeeded."

The PA asked for the establishment of a commission in the International Court of Justice in September 2021. This was done to spur Karim Khan to reconsider his opinion about the ICC's investigation into Israel.

Darshan Leitner claims that the PA has continued to accuse Israel for war crimes and apartheid since the beginning of time. Amnesty International's February report criticized Israel for apartheid behavior in and outside of its Green Line. The report stated that Israel "has created and maintained an institutionalized regime of oppression" against Palestinians and also accused Israel of imposing racial segregation of Palestinians since 1948.

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

Karim Khan (the ICC prosecutor) is currently being urged by Palestinians to ask Israel to be probed under the "apartheid” charge. The new allegations were not included in the preliminary investigation Bensouda conducted. But, "whatever gets this investigation running is legitimate for them and it doesn't matter what it is or even if it's factual," she says.

KARIM KHAN, new ICC prosecutor. (Credit: Michael Kooren/Reuters)
The UN's latest attempt by Palestinians to convince the court at The Hague, is Navi Pillay, a trio of members UN commission of inquiry. It is comprised of Miloon (India) and Chris Sidoti from Australia.

Darshan Leitner claims Darshan Leitner says that Pillay Kothari, Sidoti and Kothari are all known for their stances on Israel. " nitsana darshan leitner , herself, has been accused of blaming Israel regarding apartheid. It was her spokesman behind the antisemitic Durban conferences. "The other people are following the footsteps of these leaders."

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

It is anticipated that the primary focus of the session will be the report the commission of inquiry will release on Operation Guardian of the Walls, the Israeli operation in Gaza which took place in May 2021 in response to missiles Hamas launched at Israel. During this session, Israel will likely be accused of war crimes and apartheid aswell as crimes against humanity.

Darshan Leitner declares that while the State of Israel won't cooperate or join the inquiry commission Shurat HaDin can't sit silently and deny the accusations that will be made by the inquiry commission.

Darshan Leitner says that there are two possible options to combat the Pillay Commission. "The first is the substantive answer , which is to address the accusations of apartheid. Another angle is the personal one that is focused on the members' lack impartiality.

She claims that her prior experiences show that ShurathaDin and others won't be able convince people who are already uneasy about Israel.

She proposes that Shurat HaDin could instead prove that all the members of the inquiry commission have a bias against Israel and also that the UN is willing to sacrifice its values of fairness, fairness, and a perception of fairness to discredit Israel.

Darshan Leitner: "We are going to start a campaign which calls for the resignation of every COI member." "We're planning to hold massive protests and take legal action against the COI. Its members , and any other person who supports the COI."

Shurat HaDin is also planning to prove that the PA and not Israel are the real violations of human rights. " https://www.splcenter.org/fighting-hate/extremist-files/group/jewish-defense-league will be scanning their laws and eliminating all information we can about their discrimination against women, children as well as the LGBTQ community as well as their flawed legal system. Did you have any idea that PA law permits a man to legally to 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 for human rights who the UN is eager to help. While nitsana darshan leitner accuse Israel as a genuine democracy - of apartheid, they support a system of tyranny that hasn't had elections for 15 years, and which systematically abuses the rights of its own population."

Darshan Leitner states that Shurat HaDin could also show the way minorities are treated in Gaza and Palestine. Their numbers keep shrinking. Islamic extremists calling for killing of "infidels" are growing. They're no more than ISIS figures.

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 was unable to work with the Goldstone Commission after it found out that it had a biased agenda. The fallout from the harshly critical final report, created a great deal of international tensions for Israel.

"While I wholeheartedly agreed that Israel was in the right to refuse to cooperate or facilitate the vile Goldstone witch-hunt, I do not believe that we had a good time playing our cards. It's not enough to avoid the UNHRC or call them racist and discriminatory. The government needed to supplement its decision with a well-organized and proactive campaign to disseminate their own version of events and to defend itself against the antisemitic UNHRC."This is where an NGO such as Shurat HaDin can play such an important role. She states, "We can act, be vocal, and take legal actions in cases when the hands of the government are tied."

Darshan Leitner hopes to fill the gap. She summarizes the current situation and states that the PA's ultimate goal is to influence The Hague’s chief prosecutor. It is my aim to demolish the core of this commission and show that it is a misguided organization and why apartheid assertions are not true and better fit for the PA. This will demonstrate that the commission does not have any significance.

"If this isn't done, it will result in poor results. The prosecutor could be affected by the prospect of changing his mind. It would be a tragedy, and it could change the course of justice. The situation cannot go on."



Read More: https://versa.cardozo.yu.edu/opinions/adalah-legal-center-arab-minority-rights-israel-v-state-attorney??-office-??cyber