Notes

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

Nitsana darshan-Leitner discusses the challenges Israel faces in the coming weeks with the United Nations while sitting in the Tel Aviv offices of Shurat HaDin Israel Law Center .

aviel darshan leitner and peaceful demeanor hides the fierce opposition Israel will face against the UN Human Rights Council [COI], which consists of three members. The UN Human Rights Council was given the authority to "investigate in the Occupied Palestinian Territory (including East Jerusalem) all allegations of violations of international humanitarian law as well as all allegations of violations or abuses of International Human Rights Laws until and including April 13 2021."

There have been numerous aggressive UN investigations of Israel in the past, the difference between the current investigation is that it has been created as a permanent and ongoing investigation to investigate Israel and the IDF. The commission was not assigned an deadline for its duration.

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

The 1998 Rome Statute created the ICC. The court is able to bring charges against individuals for crimes of aggression, crimes against humanity and genocide. Israel supported the idea of an International Court of Justice, but was concerned about the possibility of it being used to be employed against the country. Israel and the US and a host of other nations have not ratified or signed the law and are not under any legal obligation to adhere to the ICC's decisions.

In March 2021 Fatou Bensouda, the ICC prosecutor at The Hague, announced that she would be opening a war crimes probe against Israel as well as Hamas.

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 decisions. If the ICC could decide that IDF soldiers committed war crimes, any Israeli who served in various IDF military operations and who happen to be traveling in countries which have been deemed members of the court, such as Canada, Australia and New Zealand - could be arrested. Harsh economic sanctions may be applied to the Jewish state, as well as the banking industry.

Israel might also be exposed to other risk, like sanctions or embargoes on weaponry. El Al, or other Israeli carriers, might be prohibited from operating in certain countries.

Bensouda was removed from office in June 2021. Karim Khan, a British barrister, took her place. The new prosecutor inherited 14 investigations from Bensouda and eight of them were active investigations. Darshan Leitner clarifies that he classified all matters on his docket at the planning stage which was to the astonishment of Palestinians. This was a polite method of stating that the claims didn't merit the court's attention or weren't urgent enough.

"This angered the Palestinian Authority," says Darshan-Leitner. "They couldn’t comprehend why their enormous efforts to get an attorney to start an inquiry failed."

The PA asked for the establishment of a commission at the International Court of Justice in September 2021. This was to encourage Karim Khan's decision to alter his opinion about the ICC's investigation of Israel.

Darshan Leitner states that the PA has continued to accuse Israel for apartheid and war crimes since then. The Amnesty International report, released in early February it accused Israel of committing apartheid violations in and outside the Green Line. The report said that Israel "has created and maintained an institutionalized regime of oppression" against Palestinians and also accused Israel of maintaining racial discrimination of Palestinians from 1948.

Darshan-Leitner says that the Palestinian claims against Israel in the International Criminal Court have been focussed on two specific areas that are: IDF military operations as well as Israeli settlements. They claim that these are war crimes.

Karim Khan is pressured by the Palestinians, the ICC prosecutor, to focus on the investigation into Israel under "apartheid" an alleged new accusation. It was not one that Bensouda was able to investigate in his initial investigation. But, "whatever gets them this investigation, it doesn't matter what you claim or if it is true," she asserts.

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

Darshan Leitner reports that Pillay Kothari (and Sidoti) are known for their prejudices in favor of Israel. "Pillay herself has been accused of apartheid in Israel and was the genesis for the antisemitic Durban conference. The rest of the group is not far behind."

From nitsana darshan leitner to April 1 From February 28th to April 1st, the UN Human Rights Council will be holding its 49th session (HRC49).

It is anticipated that the primary focus of the session is the report the commission of inquiry will release about Operation Guardian of the Walls which was the Israeli operation in Gaza that took place in the month of May 2021, in response to missiles Hamas launched towards Israel. During this session, Israel will likely be accused of war crimes and apartheid, as well as crimes against humanity.

nitsana darshan leitner -Leitner says that while the State of Israel will not join or be a part of the inquiry commission, Shurat HaDin cannot sit back quietly and ignore the accusations that are sure to come out of the commission.

Darshan Leitner stated that there are two major options for countering the Pillay panel. "One is the response to the material - answering the accusations of apartheid. The personal argument is based on members who are not impartial.

aviel darshan leitner , she claims her experience, suggests that it is unlikely that Shurat HaDin, or anyone else, or anyone else, will be able to convince those who are already uninformed about Israel to change their minds.

Shurat Haidin has suggested that Shurat Hadin is more interested in illustrating that all members of the inquiry commission are biased towards Israel, and the UN will be willing to sacrifice its fundamental values as well as any notion of fairness to delegitimize Israel.

Darshan Leitner states, "We will launch a campaign that calls for the resignation of all COI members." "We're planning to hold massive protests and file legal actions against the COI. The COI's members as well as anyone else who supports the COI."

Shurat HaDin also plans to prove that the PA and not Israel is the most serious violations of human rights. "We are going to look through their legislation and draw out what we have learned about the discrimination against women, children as well as members of the LGBTQ community, and their broken law system. Did you not know that PA law permits one to legally assault his wife? Marital rape is not an offense under their 'advanced human-rights-friendly' legislation.

"This is just a tiny illustration of the "champions" of human rights that the UN would like to help. They are accused of Israel which is a genuine democracy, of apartheid. They also back a dictatorship that has not held elections for 15 years and that regularly violates human rights of their own citizens.

Darshan Leitner asserts that Shurat haDin will also show the world the way minorities are treated by the PA and Gaza. Their numbers are constantly decreasing. Islamic extremists who demand the massacre of 'infidels' and who are not any better that ISIS figures are growing are Islamic extremists.

Shurat HaDin leader believes Israel has made a number of mistakes in the handling of the 2009 UNHRC investigation into Richard Goldstone, a South African jurist. In the infamous incident, Jerusalem refused to cooperate with the Goldstone Commission, declaring it to be a biased body with a predetermined agenda would not allow its cooperating. The repercussions of the harshly critical final report it caused a lot of international tensions for Israel.

"While I think Israel was right to not to cooperate or aid in the deplorable Goldstone Witch Hunt, I'm not sure we played our cards right. It's not enough to simply ignore UNHRC and call them prejudiced or hateful. The government should add to its position by launching an effective and well-planned campaign to spread its own narrative, and to counterattack the antisemitic UNHRC. We can speak up and use legal action in cases where the hands of the government could be tied," she said.

Darshan Leitner hopes to fill the void. She summarizes the current situation and states that, in the end the goal of the PA is to influence the Hague's chief prosecutor. To sum http://74novosti.ru/user/aviel.darshan.leitnerdhox857/ wrote, "If I can remove the foundations of the commission to demonstrate how false it is, how apartheid's claim is wrong, and why it is better suited to the Hague's chief prosecutor and show it lacks value."

"If we don't take this step, the results will be poor. The prosecutor might be influenced, and then change his decision. It will be a tragic and significant loss. It's not possible to do this."


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