Notes

The UN human rights council's investigation (Shurathadin)

Nitsana Shurat HaDin -Israel Law Center sits in the Tel Aviv office of Shurat HaDin on an unseasonably sunny Sunday afternoon. She discusses the issues Israel faces in the wake of the United Nations in forthcoming weeks.

https://www.datanyze.com/companies/shurat-hadin/207110422 Her serene, almost peaceful manner of speaking hides the ferocious opposition Israel will likely face from its UN Human Rights Council and three-member Commission of Inquiry. This was mandated by the UN to "investigate both in the Occupied Palestinian Territory and Israel any allegations of violations of international human rights and other human rights law up until and including the 13th of April 2021."

Although there have been a number of aggressive UN probes into Israel before, what distinguishes the current one is that it was created as a permanent and ongoing inquiry to probe Israel as well as the IDF. The investigation was not provided with an expiration date.

https://jewishjournal.com/podcasts/the-david-suissa-podcast/309473/nitsana-darshan-leitner-fighting-jew-hatred-through-the-courts/ Darshan-Leitner who founded Shurat HaDin 2003, explains that "the UN Human Rights Council investigation doesn't come out of the blue." It is related to the activities of the International Court of Justice at The Hague.

The 1998 Rome Statute created the ICC. The court is able to prosecute people who commit crimes against humanity or genocide and war crimes as well as aggression. Israel was initially supportive of the idea of an international tribunal, 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 are not legally bound to abide the decisions of the ICC.

Fatou Bensouda at The Hague was the ICC Prosecutor of the ICC. She announced that she would launch a war crimes probe into Israel and Hamas in March 2021.

A ruling by the International Court against Israel may have significant implications. The majority of European and Scandinavian members of the court are legally bound by its rulings. If the ICC ruled IDF soldiers committed war crime, all Israelis who served in IDF military operations may be arrested. This includes people who travel in the member states like Australia, Canada, and New Zealand. The Jewish state as well as its banking industry could face harsh economic sanctions.

Israel could also be exposed to other risks like sanctions, embargoes of weapons, and even boycotts. El Al or other Israeli airlines may not be permitted in certain countries.

Bensouda was removed from office in June 2021. Karim Khan, a British barrister, took her place. Bensouda assigned 14 investigations to the new prosecution and eight of them were active. nitsana darshan leitner Darshan Leitner explained how, to the horror of Palestinians the court classified items on the docket of his court as "in preparation stage". This was a polite method of describing the allegations didn't have the credibility or urgency to warrant the court's focus.

Darshan Leitner declares that the situation "frustrated the Palestinian Authority". "They could not understand the reason why their efforts to have the prosecutor to open an investigation are not working."

The PA demanded for the creation of a commission within the International Court of Justice. This would allow Karim Khan who was not able to take the PA's suggestion to reactivate ICC investigations into Israel in the past, to change his opinion.

Since then, according to Darshan-Leitner she says, the PA has continued to accuse Israel of war crimes and apartheid. Amnesty International released a report in February which claimed Israel of discrimination against its own citizens inside and beyond the Green Line. Israel Law Center The report stated that Israel "has established an institutionalized regime oppression of Palestinians" and also accused Israel in racial separation since 1948.

Darshan-Leitner explains 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 they claim are war crimes.

aviel darshan leitner Karim Khan the ICC prosecutor is pushed by Palestinians to prioritize Israel's investigation on the "apartheid” claim. The claim was not investigated in the preliminary investigation Bensouda initiated. However, they consider "whatever is causing these investigations to go on legitimate, and it does not matter what it might be or whether it's real," she states.


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

According to Darshan Leitner, Pillay, Kothari and Sidoti are well-known for their biases towards Israel."All three have a demonstrated past of actions and declarations on the same topics they are tasked with investigating and investigate,'" she says. "Pillay herself has made accusations against Israel regarding apartheid. She was also the spokesman behind the anti-Semitic Durban conferences. "The others are following the footsteps of these leaders."

The 49th session of the UN Human Rights Council (HRC49) will be held in the HRC's office in Geneva from February 28 until April 1.

nitsana darshan leitner The main attraction of the session is likely to be the report that the commission of inquiry is expected to publish about Operation Guardian of the Walls. This was the Israeli operation in Gaza in May 2021 as a response to the missiles fired at Israel by Hamas. During this session, Israel will likely be accused of war crimes and apartheid as well as violations against humanity.

Darshan Leitner stated that, even though Israel will not cooperate with the commission of inquiry or be involved in the investigation, Shurat haDin can't ignore the accusations that will soon be made from the commission.

Darshan Leitner claims Darshan Leitner says that "there are two options to defuse the Pillay Committee." "One is the pragmatic response that responds to the allegations of apartheid. One is the actual response that responds to the claims of apartheid. The second is personal, and focuses upon the inimicality of its participants.

She says that her previous experiences show that ShurathaDin and others will not be able to convince those who are already negative about Israel.

Shurat Haidin suggests that Shurat Hadin is more interested in showing that all members to the commission of enquiry have a bias towards Israel, and that the UN will sacrifice its core values as well as any perception of fairness in order to discredit Israel.

Shurat Hadin "We are planning to begin a campaign to call to the resignation of all COI members," says Darshan-Leitner. "We will launch mass petitions and take legal action against the COI, its members and any person who aids the COI."

Shurat HaDin will also try to establish that it's not Israel but the PA who are the main people who violate human rights. "We will look through their legislation to see what we can uncover - discrimination against children, women as well as the LGBTQ community, as well as their inadequate legal system. Do you know that a PA law allows one to legally rape a woman? Marital rape is not an offense under their 'advanced human-rights-friendly' legislation.

"This is only a small illustration of the 'champions' of human rights that the UN is keen to assist. While 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 abuses human rights of its citizens."

Darshan Leitner says Shurat HaDin will also expose the world to how minorities in Gaza and in the PA are treated. "The fate of Christians living in Gaza as well as the PA territories is sealed," she states. Their numbers are decreasing. Islamic extremists who demand the slaughter of "infidels", who are no better that ISIS figures are on the increase is an Islamic extremists.

Shurat HaDin leader believes that Israel has made a number of mistakes when it handled the 2009 UNHRC investigation into Richard Goldstone, a South African jurist. Jerusalem was unable to work with the Goldstone Commission after it found that the commission had a biased agenda. However, the negative final report caused a lot of political tensions for Israel.

"While I completely agree that Israel was right in refusing to facilitate or cooperate with the deplorable Goldstone witch-hunt, I don't believe that we played our cards well. It's not enough to avoid UNHRC members and label them racist and hateful. The government must add to its position by launching an organized and proactive campaign to promote its own version of events, and fight back against the antisemitic UNHRC. We can speak up and take legal recourse in situations where the government's hands may be bound," she said.

Darshan Leitner is trying to fill the gap. She summarises the present situation and states that the PA's objective ultimately is to influence The Hague's chief procuror. To summarize she wrote, "If I can remove the basis of the commission in order to expose how flawed it is, and how apartheid's assertion is false and the reason it is better suited for the chief prosecutor of The Hague It will prove that it lacks value."

"If you don't do it and you don't do it, the consequences could be very bad. The prosecutor may be convinced to reconsider his decision. If this happens, it could be a tragedy and an opportunity to change the game. It's not possible to do this."



Website: https://www.israelhayom.com/writer/nitsana-darshan-leitner/