Notes

The UN Human Rights Council investigation (Shurathadin)

The Tel Aviv offices of Shurat HaDin - Israel Law Center on a warm Sunday afternoon, Nitsana Darshan-Leitner outlines the problems the State of Israel will be confronting in the United Nations in the coming weeks.

Her serene, almost peaceful manner of speaking hides the ferocious opposition Israel will likely face from the UN Human Rights Council and its three-member Commission of Inquiry. This was ordered by the UN to "investigate as well as in the Occupied Palestinian Territory and Israel all alleged breaches of international humanitarian and human rights laws up to and including the 13th of April, 2021."

Although there have been a number of vigorous UN investigations of Israel in the past, the difference between the current one is the fact that it has been created as a permanent and ongoing inquiry to probe Israel as well as the IDF. It has not been given an expiration date.

Darshan-Leitner was the founder of Shurat HaDin in 2003. "The UN Human Rights Council inquiry isn't coming from thin air," she explains. "It is in connection with the goings-on of the International Court of Justice in The Hague."

The 1998 Rome Statute created the ICC. The court has the authority to prosecute individuals for crimes like genocide or human rights violations. Israel, the US as well as many other countries have not signed the statute and have not ratified the statute. This means they have no legal obligation or obligation to comply with the decisions of the ICC.

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

A International Court decision against Israel could have important ramifications. Most European and Scandinavian nations are members of this court and are legally bound to abide by its decisions. If the ICC was to decide that IDF soldiers committed war crimes and/or crimes against humanity, any Israeli serving in different IDF military operations that would be in countries that have been deemed members of the court, for example, Canada, Australia and New Zealand may be subject to arrest. The Jewish state as well as its banking industry may be hit with severe economic sanctions.

Israel could also be subject to sanctions, embargoes on arms and boycotts. El Al and other Israeli carriers might not be permitted to operate in certain countries, for instance.

Bensouda was appointed prosecutor in June 2021. aviel darshan leitner Karim Kan, a British barrister was appointed her successor. Bensouda left fourteen investigations for the new prosecutor, of which eight were active. To the chagrin of Palestinians Darshan-Leitner explains, the cases that were on the docket of his court as "in the planning phase" - which is a polite way to say that the cases did not have the merit or urgency warranting the court's time.

Darshan Leitner stated that "this has upset the Palestinian Authority." "They did not understand what was the reason their enormous efforts to get the prosecution to launch an investigation were blocked."

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

Darshan Leitner says that Israel was accused by the PA of war crimes, apartheid, and other crimes. Amnesty International released a report in February which said that it was accusing Israel of apartheid behavior inside and outside the Green Line. The report claimed that Israel "has established and maintained an institutionalized system of oppression" against Palestinians and also accused Israel of imposing racial segregation of Palestinians since 1948.

Darshan Leitner claims that Palestinian claims against Israel before the International Criminal Court have focused on two issues: IDF military operations and the issue of Israeli settlements that, according to them, constitute war crimes.

Israel Law Center Karim Khan, the ICC prosecutor is being urged by Palestinians to prioritize Israel's investigation under the "apartheid claim. This new claim was not examined in the initial investigation Bensouda started. She claims that "whatever gets the investigation moving is valid in their eyes, regardless of what it is or if it's true."

KARIM KHAN, new ICC prosecutor. (Credit: Michael Kooren/Reuters)
The UN's three-member Commission of Inquiry, led by Navi Pillay (South Africa) and comprising Miloon Kthari (India) and Chris Sidoti [Australia), is the latest attempt to convince The Hague.

Darshan Leitner says that Pillay Kothari and Sidoti have a history of expressing prejudices against Israel. "Pillay herself has been accused of apartheid in Israel and was the inspiration behind the antisemitic Durban conference. They're not far behind."

https://www.joshuaferrisbooks.com/contributor/nitsana-darshan-leitner/ Between February 28th and April 1 The UN Human Rights Council will be holding its 49th session (HRC49).

The report of the commission of inquiry on Operation Guardian of the Walls is the most significant portion of the session. It will focus on the Israeli operation against Gaza in May 2021 to deter Hamas from launching missiles towards Israel. During this session, Israel will likely be accused of war crimes and apartheid, as well in violations against humanity.

Darshan Leitner stated that the State of Israel would not cooperate or be involved with the inquiry commission. Shurat Hadin Shurat HaDin, however can't afford to overlook the allegations that are likely to be made by this commission.

"There are two main possible options to fight the Pillay Committee," Darshan-Leitner elaborates. "One is the more practical approach - responding to the accusations of apartheid. Another is the personal perspective - focussing on the lack of impartiality of its members."

She asserts that her past experience shows that Shurat haDin or anyone else are not in a position to convince those who are hostile to Israel to reconsider their views.

Shurat Hadin Shurat HaDin proposes, she says, strategies to illustrate that all members on the inquiry committee have biases against Israel and that the UN will not to sacrifice its fundamental principles and any notion of fairness in order to undermine Israel.

Darshan Leitner says, "We are going launch an effort to request the resignations from the entire COI." COI members." "We will create mass petitions against the COI and its members and any other person who is a member of this committee." Darshan-Leitner said.

Shurat Hadin Shurat HaDin on the other hand, is going to try to show that the PA is the main violation of human rights. "We will go through their laws to see what we can discover discrimination against children, women as well as the LGBTQ community as well their flawed legal system. Are you aware that, in accordance with PA law, one is allowed to legally rape one's wife? Marital rape is not an offense under their 'advanced human-rights-friendly' legislation.

This is just one of many examples of the United Nations "champions of human rights" who are determined to aid. As they are able to accuse Israel, a genuine democratic state, of apartheid, they support a regime that has not had elections for 15 years and which systematically abuses human rights of its citizens."

Darshan Leitner declares that Shurat HaDin could also show the discrimination against minorities in Gaza and Palestine. The number of Christians is decreasing continuously. Islamic extremists calling for the murder of 'infidels', who are no better than ISIS numbers are increasing are Islamic extremists.

According to Shurat HaDin, Israel committed grave errors in the handling of an UNHRC investigation into South African jurist Richard Goldstone's 2009 case. Jerusalem was unable to work with the Goldstone Commission after it found that the commission was biased in its agenda. Israel was terribly hurt by the negative report's aftermath.

"While I firmly believe that Israel was right in refusing to cooperate or facilitate the hateful Goldstone witch-hunt, I don't believe we had a good time playing our cards. It's not enough to avoid UNHRC members and label them racist and hateful. The government needs to add to its position by launching a proactive and well-organized campaign to spread its own propaganda, and to counterattack the antisemitic UNHRC. She suggests that we be vocal, take action and take legal action in instances where the government's hands are bound."

Darshan Leitner hopes to fill that void. She outlines the current state of affairs, and states that the PA's ultimate goal is to influence The Hague's chief prosecutor. "If I'm able to dismantle the foundation and the assertions of apartheid to show how wrong-headed it is and show how it's better suited to the PA, it would show that the Commission is useless."

"If you don't do it and you don't do it, the consequences could be extremely negative. The prosecutor could be influenced, and could change his mind. It would be a tragic and catastrophic development. This cannot happen.




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