Notes

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

On the afternoon of a Sunday, Nitsana Darshan Leitner who is a lawyer at the Israel Law Center in Tel Aviv described the issues facing Israel State of Israel would face from the United Nations over the next couple of weeks.

Her calm, almost serene manner of speaking defy the fierce criticism Israel faces in both the UN Human Rights Council, as well as the three-member Commission of Inquiry [COI] that was appointed by the UN "investigate" in the Occupied Palestinian Territory, East Jerusalem and Israel any alleged violation of international humanitarian law, and any allegations of abuses and violations of international human rights law up to and including April 13, 2021.

Although Israel has been subject to UN investigations in the past it is notable that the present UN investigation is permanent and continues to examine Israel and the IDF. The commission's term was not a set date.

Darshan-Leitner, the founder of Shurat HaDin, explained that "the UN Human Rights Council Investigation is not a blip in thin air". "It is connected to the goings-on of the International Court of Justice in The Hague."


The Rome Statute, which established the ICC in 1998, was the first step in creating it. The court is empowered under the Rome Statute to pursue people who have been found guilty of crimes of genocide or crimes against humanity as well as the offense of aggression. Israel initially supported the establishment of an international court. However, it was concerned that this court might be applied against Israel. Israel and the US and numerous other countries have neither signed nor ratified the statute , and therefore aren't under any legal obligation to abide by the decisions of the ICC.

Fatou Bensouda the ICC prosecutor from The Hague announced in March 2021 that she would be opening a war-crimes probe against Israel, Hamas, and other countries.

The decision of the International Court against Israel could have repercussions that are serious. A majority of European nations and Scandinavians are members and legally bound by the court's rulings. If the ICC declared that IDF troops were guilty of war crimes, then any Israeli serving in IDF military operations could face the possibility of being arrested. Harsh economic sanctions could also be imposed on the Jewish state and its banking sector.

Furthermore, Israel might also face further risks such as sanctions, embargoes on weapons and boycotts. El Al and other Israeli carriers may not be allowed to operate in certain countries, for instance.

Bensouda retired as prosecutor in June 2021. Karim Kan, a British barrister, was named her successor. Bensouda had 14 investigations that were handed over to the new prosecutor. Eight of the investigations were active. Darshan Leitner said that he classified all the matters in his court's docket "in the planning phase" to the dismay and shock of Palestinians. It's a way of politely say that the claims were not urgent or worthy enough to warrant the court's take into consideration.

https://www.cambridge.org/core/journals/israel-law-review Darshan Leitner says that "this caused a lot of anger to the Palestinian Authority." "They were unable to understand the reason why their massive efforts to persuade the prosecution to open an investigative were denied."

The PA requested the establishment of a commission at the International Court of Justice in September 2021. This was done to spur Karim Khan's decision to alter his mind about the ICC's probe of Israel.

Since then, as Darshan-Leitner claims she says, the PA has continued to accuse Israel of war crimes as well as apartheid. Amnesty International published a report in which it accused Israel of committing apartheid violations in and beyond the Green Line. The report stated that Israel "has established and maintained an institution of oppression" against Palestinians and also accused Israel of maintaining racial discrimination of Palestinians from 1948.

Shurat Hadin Darshan-Leitner says that the Palestinian claims against Israel at the International Criminal Court have focused on two issues: IDF military operations and the issue of Israeli settlements that they claim constitute war crimes.

Karim Khan is being urged by the Palestinians as the ICC prosecutor, to focus on the investigation of Israel under "apartheid" which is a brand new charge. This was not one that Bensouda investigated in his preliminary investigation. But, she said, "Whatever gets this investigation moving is valid in their eyes regardless of what it's about or whether it's true."

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

Darshan Leitner states that Pillay Kothari, Sidoti and Kothari are all known for their biases toward Israel. "Pillay herself has been accused of apartheid in Israel and was the genesis for the antisemitic Durban conference. They are not too far away."

From February 28 through April 1, the UN Human Rights Council's 49th session (HRC49) will take place in Geneva at the Geneva office.

Israel Law Center The report from the commission of enquiry regarding Operation Guardian of the Walls will be the most important aspect of the session. It will cover the Israeli operation against Gaza in May 2021 to deter Hamas from launching missiles at Israel. nitsana darshan leitner This session is likely to witness Israel being accused of war crimes, apartheid or crimes against humanity.

Darshan Leitner declared that the State of Israel would not collaborate or join the inquiry commission. Shurat HaDin, however, cannot afford to ignore the accusations that could be made by the inquiry commission.

Darshan Leitner states that "there are two main possibilities to defuse the Pillay Committee." One is the factual one, which answers the accusations of apartheid. The other is the personal angle that is focused on the members' lack impartiality.

She states that her past experiences have shown that ShurathaDin and others won't be able to convince those who already have a negative view of Israel.

Shurat Haidin suggests that Shurat Hadin is more interested in illustrating that all the members of the inquiry commission are biased toward Israel and the UN will abandon its fundamental values and notion of fairness to delegitimize Israel.

"We are planning to start a campaign calling to the resignation of all the COI members," says Darshan-Leitner. "We're going to organize mass protests and file legal action against the COI. Its members , and anyone else who supports this committee."

Shurat HaDin will also try to prove that it is not Israel, but the PA who are the main violators of human rights. "We will examine their laws to see what we can discover - discrimination against children, women and the LGBTQ community as well as their ineffective legal system. Did you have any idea that PA law allows men to legally rape his wife of his lover? Marital rape is not an offense under their 'advanced human-rights-friendly' legislation.

https://www.justanswer.com/sip/ask-a-lawyer This is but one instance of the UN's "champions for human rights who the UN is eager to help. Shurat Hadin As they are able to accuse Israel as a genuine democracy, of apartheid. they advocate a dictatorship that has not held elections since 15 years and which routinely infringes on the human rights of its citizens."

Darshan Leitner says Shurat HaDin will also expose the world to how minorities living in Gaza as well as the PA are treated. "The fate of Christians living in Gaza and the PA territory is set," she states. Their numbers are decreasing continuously. Islamic extremists who call for murder 'infidels', who are not any better than ISIS figures are increasing."

Shurat HaDin leader believes Israel committed serious errors when it handled the 2009 UNHRC investigation into Richard Goldstone, a South African jurist. Jerusalem refused cooperation with the Goldstone Commission in that scandalous episode. The Goldstone Commission was led by Richard Goldstone who was an South African jurist. The aftermath of the extremely critical final report, however, created a great deal of international tensions for Israel.

"While I firmly believe that Israel was in the right to refuse to facilitate or cooperate with the deplorable Goldstone witch hunt, I don't think we played our cards well. It isn't enough to discredit UNHRC members and label them racist and hateful. The government needed to supplement its decision by organizing a proactive and well-organized campaign to disseminate its own version of events and to defend itself on the anti-Semitic UNHRC."This is why an NGO like Shurat HaDin can play such a crucial role. She says we should speak up, use legal actions and act in situations where the government is stuck."

Darshan-Leitner seeks to fill this gap this time around. She summarises the present situation and explains that the PA's ultimate goal is to influence The Hague’s chief prosecutor. To summarize she stated, "If I can remove the basis of the commission in order to show how erroneous the claim is, why apartheid's claims are false and how it's better suited to the Hague's chief prosecutor, it will show that it has no value."

"If we don't do this, the consequences is going to be disastrous. The prosecutor could be influenced and alter his mind. If this happens, it could be a tragedy as well as an opportunity to change the game. nitsana darshan leitner It's not possible to do this.



Read More: https://www.zoominfo.com/c/shurat-hadin/207110422