Notes

The UN human rights council's inquiry (Shurat Hadin)

Nitsana Shurat HaDin -Israel Law Center is in Tel Aviv's offices of Shurat HaDin on the sun-drenched afternoon of a Sunday. She discusses the issues Israel faces in the wake of the United Nations in forthcoming weeks.

Her serene and calm demeanor hides the fierce opposition Israel is likely to face from the UN Human Rights Council [COIcomprised of three members. The UN Human Rights Council was assigned the responsibility to "investigate within the Occupied Palestinian Territory (including East Jerusalem) all allegations of violations of International human rights law, as well as all alleged violations or abuses of the International Human Rights Law until and including April 13th 2021."

Israel Law Center Although there have been a number of aggressive UN investigation into Israel before, what differentiates the current investigation is that it has been created as a permanent and ongoing investigation to investigate Israel and the IDF. The term of the commission did not have a specific end date.

Darshan-Leitner was the founder of Shurat HaDin in 2003. "The UN Human Rights Council inquiry is not emerging by itself," she explains. It's linked to developments at the International Court of Justice in The Hague.

The ICC was created through the Rome Statute in 1998, which established the court. The court is able to bring charges against individuals for crimes of aggression or crimes against humanity, as well as genocide. Israel supported the idea of an International Court of Justice but was concerned about the possibility that it could be employed against them. Israel as well as the US and a variety of other countries did not sign or have the statute ratified. Therefore, they are not legally bound by the rulings of 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 countries.

An International Court decision against Israel could have important ramifications. The court is a part of most European and Scandinavian nations, and they are legally bound to follow the decisions of its members. If the ICC has ruled that IDF troops had committed war crimes, then any Israeli working in an IDF military operations could face the possibility of being arrested. Harsh economic sanctions may be applied to the Jewish state, as well as its banking sector.

Israel may be also exposed to other threats, such as sanctions, embargoes on weapons, or even boycotts. El Al, or other Israeli carriers could be prohibited from operating in certain countries.

Bensouda was dismissed from office in June 2021. Karim Khan, a British barrister, took her place. Bensouda had 14 investigations that included eight ongoing investigation. Karim Khan was the new prosecutor who was able inherit them all. Darshan Leitner explained that to the dismay of Palestinians, he classified the items on the docket of his court as "in preparation stage". This is a courteous method of describing the allegations were not of sufficient merit or urgency that warranted the court's attention.

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

In September 2021 in September 2021, the PA called for the establishment of a commission at the International Court of Justice to influence Karim Khan to reconsider his views and reactivate the ICC's investigation against Israel.


Darshan Leitner stated that Israel's war crimes are being carried on by the PA since then. Amnesty International reported in February that Israel was accused of committing apartheid violations in and beyond the Green Line. The report claimed Israel "has created an oppressive regime that is institutionalized Palestinians" and further the report accused Israel of racial segregation since 1948.

Darshan Leitner Darshan Leitner explains that Palestinian claims to Israel at the International Criminal Court focus on two specific areas. IDF military operation and Israeli settlements. Darshan Leitner believes these areas constitute war crimes.

The Palestinians are urging Karim Khan Karim Khan, the head of the ICC prosecutor, to prioritize the probe into Israel under the "apartheidclaim. This is a brand new claim that was never part of the initial investigation Bensouda conducted. But, she said, "Whatever gets this investigation moving is legitimate according to their perspective regardless of what it is or if it's true."

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

Shurat Hadin According to Darshan-Leitner Pillay, Kothari and Sidoti are known for their biases against Israel."All three have a demonstrated track record of statements and actions about the same subjects they are tasked with investigating,'" she says. "Pillay herself has previously accused Israel of apartheid and she was the driving force behind the infamous antisemitic Durban conferences. The rest of the group is not far behind."

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

The primary attraction of the session is likely to be the report the commission of inquiry will release about Operation Guardian of the Walls. This was the Israeli operation that took place in Gaza in May 2021 , as a response to the missiles fired towards Israel by Hamas. In the course of this meeting, Israel will likely be accused of war crimes and apartheid aswell in violations against humanity.

Darshan Leitner declared that the State of Israel would not participate or be a part of the inquiry commission. Shurat HaDin, however can't afford to overlook the accusations likely to be made by this commission.

Darshan Leitner says that there are two options to combat the Pillay commission. "One is the practical response that addresses the claims of apartheid. One is the actual response to the allegations of apartheid. The other is personal - focusing on the inimitation of its participants.

She added that previous experiences have demonstrated that Shurat HaiDin, or any other person, will not be able to convince those who are already negatively attracted towards Israel to make a change.

In contrast, Shurat HaDin suggests that Shurat haDin intends to show that all of the members of the inquiry commission have a bias against Israel. The UN is prepared sacrifice its core values and any sense fairness to delegitimize Israel.

Darshan Leitner states, "We will launch a campaign that calls for the resignation of all COI members." "We will create mass petitions against the COI and its members, and anyone else who assists this committee," Darshan Leitner stated.

Additionally, Shurat HaDin will attempt to show that the PA and not the State of Israel, is the actual violator of human rights. "We will look through their legislation to see what we can uncover discrimination against children, women and the LGBTQ community, as well as their ineffective legal system. Do you know that one can legally rape their spouse under PA law? 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 which the UN is determined to assist. While they are claiming Israel of apartheid, the United Nations promotes a tyranny with no elections for 15 years and systematically violates the rights of its own citizens.

Darshan Leitner states that Shurat HaDin could also show the discrimination against minorities in Gaza and Palestine. Their numbers are continually decreasing. Islamic extremists are increasing and are calling for mass murder of "infidels" and are worse than ISIS.

nitsana darshan leitner The Shurat HaDin leader feels that Israel made grave mistakes in its handling of an earlier UNHRC inquiry commission headed by South African jurist Richard Goldstone in 2009. Jerusalem was unable to work with the Goldstone Commission after it found out that the Goldstone Commission had a biased agenda. Israel was terribly hurt by the negative final report's fallout.

"While I firmly believe that Israel was in the right to refuse to aid or participate in the hateful Goldstone witch hunt, I do not think we had a good time playing our cards. It's not enough just to disregard the UNHRC or call them racist and prejudiced. It was necessary that the government add to its decision with a well-organized and proactive campaign to spread their own narrative and counterattack against the antisemitic UNHRC. She claims, "We can act, be vocal, and take legal action in instances where government's hands are essentially tied."

Darshan Leitner is hoping to fill the void. She summarises the state of affairs and states that the purpose of the PA was to influence The Hague Chief Prosecutor. My goal is to expose the underlying principles of this commission and demonstrate that it is a misguided organization, how apartheid claims are false and why they are more suited for the PA. nitsana darshan leitner This will show that the commission has no value.

https://www.zoominfo.com/c/shurat-hadin/207110422 "If we do not do this, the consequences is going to be disastrous. The prosecutor might be influenced and change his mind. It would be a tragedy, and it could change the process of justice. This can't happen."



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