Notes

The UN human rights council investigation (Shurat hadin)

On an afternoon on a Sunday Nitsana Darshan Leitner, a lawyer at the Israel Law Center in Tel Aviv, outlined the challenges facing the State of Israel would face from the United Nations over the next few weeks.

Her calm and serene demeanor hides the fierce opposition Israel will face against the UN Human Rights Council [COIcomprised of three members. The UN Human Rights Council was given the mandate to "investigate in Occupied Palestinian Territory (including East Jerusalem) any alleged violation of international human rights law and any alleged abuses or violations of International Human Rights Law until and including April 13th, 2021."

While Israel was subject to UN investigations in the past it is noteworthy that the present UN investigation is permanent and continues to probe Israel as well as the IDF. The term of this commission has not been set.

" Shurat Hadin isn't coming from the air," explains Darshan-Leitner, who established Shurat HaDin in 2003. It is related to the happenings at The Hague's International Court of Justice."

In 1998 in 1998, the Rome Statute gave birth to the ICC. The court is able to prosecute people who commit crimes against humanity as well as genocide and war crimes as well as aggression. Israel was initially supportive of the idea of an international tribunal, but was concerned it could be used against it. Israel as well as 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 in The Hague, announced that she was planning to launch an investigation into war crimes against Israel as well as Hamas.

An International Court decision against Israel could have important ramifications. A majority of European and Scandinavian countries have joined the court, and are legally obligated to honor the court's rulings. If the ICC declared that IDF soldiers were guilty of war crimes, all Israelis who served in IDF military operations may be detained. This includes those who travel in members' countries like Australia, Canada, and New Zealand. Economic sanctions could be severe and placed on the Jewish State as well as the banking industry.

Israel may be also exposed to other risks , including sanctions, embargoes of weapons, or even boycotts. El Al and other Israeli transporters might not be allowed to conduct business in some countries, for instance.


Bensouda retired as prosecutor in June 2021. Karim Kan, a British barrister was appointed her replacement. The new prosecutor took over 14 investigations that were initiated by Bensouda and eight of them were in the process of being investigated. Darshan Leitner said 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 say that the claims were not urgent or worthy enough to warrant the court's take into consideration.

Darshan Leitner Darshan Leitner said "this has upset the Palestinian Authority." "They were unable to comprehend why the arduous efforts they have made to get the prosecutor to open an investigation are not working."

The PA asked for the establishment of a commission in the International Court of Justice in September 2021. This was in order to boost Karim Khan to reconsider his views on the ICC's probe of Israel.

https://www.thriftbooks.com/a/nitsana-darshan-leitner/2999494/ said that Israel's war crimes continue to be carried out by the PA since then. Amnesty International released a report in February that claimed Israel of apartheid behavior inside and beyond the Green Line. The report claimed that Israel "has created and maintained an institution of oppression towards Palestinians" and accused Israel with the racial segregation of Palestinians beginning in 1948.

Darshan Leitner claims that the Palestinian demands against Israel have focused at the International Criminal Court on two areas: IDF Military Operations and the issue of Israeli Settlements. They consider these to be war crimes.

Karim Khan, the ICC prosecutor, is being pressured by Palestinians to prioritize the probe into Israel in the context of the "apartheid" assertion, a new claim, which was not one of those even being investigated in the initial investigation that Bensouda conducted. But, they believe that "whatever is causing these investigations to go on legitimate, and it isn't crucial which one it is or whether it's real," she states.

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

According to Darshan Leitner, Pillay, Kothari and Sidoti are recognized for their prejudices towards Israel."All three have a documented history of actions and statements on the same topics they are required to investigate the matter,'" she says. "Pillay, herself, has made accusations against Israel for apartheid. She was also the spirit behind the anti-Semitic Durban conferences. There are others who aren't far behind."

From February 28 through April 1, the UN 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 portion 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 likely witness Israel being accused of war crime and apartheid, as well as crimes against humanity.

Darshan Leitner claims that even though the State of Israel is not taking part in the inquiry, Shurat Hasan cannot remain silent and ignore all the allegations that are bound to be made.

Darshan Leitner declares that there are two ways to counter the Pillay commission. "One is the pragmatic response - responding to the accusations of apartheid. Another is the personal perspective - focused on the lack integrity of its members."

She states that her past experiences indicate that ShurathaDin as well as others will not be able to convince those who already have a negative view of Israel.

She suggests that Shurat HaDin should instead demonstrate that all members of the commission of inquiry have a bias against Israel, and also that the UN is willing to sacrifice its fundamental values as fairness, fairness and sense of fairness in order to discredit Israel.

Darshan Leitner: "We are going start a campaign that demands that all COI members." "We will launch large-scale petitions and pursue legal action against the COI as well as its members and anyone that helps this committee."

https://thehill.com/policy/international/565150-israeli-organization-looks-to-trademark-ben-jerrys-to-sell-products is also going to try to show that it's not Israel but the PA that are the true violations of human rights. "We will be looking over their legislation and removing what we know about the discrimination against women, children and the LGBTQ community, and their legal system that is flawed. Are you aware that one can legally rape their spouse in accordance with PA law? Marital rape is not an offense under their 'advanced human-rights-friendly' legislation.

This is but one instance of the UN's "champions of human rights' that the UN is determined to assist. While they are able to accuse Israel - a true democracy - of apartheid they advocate a dictatorship, that hasn't had elections in the last 15 years and that routinely violates the human rights of its own population."

Darshan Leitner claims that Shurat haDin will also show the world the way minorities are treated by the PA and Gaza. Their numbers keep decreasing. Islamic extremists are on the rise, calling to massacre "infidels" and are even more violent than ISIS.

According to Shurat HaDin, Israel committed grave errors in the handling of the UNHRC inquiry into the South African jurist Richard Goldstone's 2009 trial. Jerusalem was not willing to cooperate in that notorious episode in the Goldstone Commission. It claimed that it was a biased body that had set agendas and refused to legitimize its cooperation. Israel was subject to many tensions following the final, harshly critiqued report.

"While Israel did the right decision in not assisting or join in the hateful Goldstone-based witch hunt, I disagree that we acted well. It's not enough to ignore the UNHRC or call them racist and prejudiced. The government needed to supplement its decision with a well-organized and proactive campaign to spread its own narrative and to counterattack on the anti-Semitic UNHRC."This is why an NGO like Shurat HaDin can play such an important role. She says we have the ability to be vocal, take action and take legal action in situations where the government has its hands bound."

Darshan Leitner seeks to fill in this gap. She summarises the present situation and states that the purpose of the PA is to influence The Hague's Chief Prosecutor. It is my goal to expose the underlying principles of this commission and demonstrate how it is misguided and how apartheid-related assertions are not true and are more suited for the PA. This will prove that the commission is of no value.

"If we don't do this then the consequences will be poor. The prosecutor could be influenced and decide to change his opinion. Shurat Hadin would be a catastrophe for the prosecution, and an important game changer. This isn't going to happen."



My Website: https://www.thriftbooks.com/a/nitsana-darshan-leitner/2999494/