Notes

The UN human rights council inquiry (Shurat Hadin)

Nitsana Dahan-Leitner who works in the Tel Aviv offices of Shurat HaDin Israel Law Center, describes the challenges Israel faces from the United Nations in coming weeks.

https://www.international.ucla.edu/israel/article/201235 Her serene and calm appearance hides the ferocious opposition Israel will face against the UN Human Rights Council [COI], which consists of three members. The UN Human Rights Council was assigned the responsibility to "investigate in Occupied Palestinian Territory (including East Jerusalem) all allegations of violations of International human rights law and all allegations of violations or abuses of International Human Rights Laws through April 13th, 2021."


While Israel has been the subject of UN investigation in the past, it is noteworthy that the present UN investigation is ongoing and continues to examine Israel and the IDF. The mandate of the commission did not have a specific end date.

Darshan-Leitner established Shurat HaDin in 2003. "The UN Human Rights Council inquiry isn't coming from thin air," she explains. It has to do with the work of the International Court of Justice at The Hague.

https://rocketreach.co/shurat-hadin-israel-law-center-profile_b5f6eb47f42e8f0d The ICC was created through the Rome Statute in 1998, which established the court. The court is authorized to prosecute individuals for crimes of genocide, crimes against humanity, war crimes, as well as the crime of aggression.While Israel initially supported the idea of an international court it was worried that the court could be a tool which could be used against them. nitsana darshan leitner Israel and the US and a variety of other nations did not sign or adopt the statute. https://www.jpost.com/author/nitsana-darshan-leitner Thus, they are not legally bound by the decisions of the ICC.

Fatou Bensouda at The Hague was the ICC Prosecutor of the ICC. She announced that she was going to launch an investigation into war crimes against Israel as well as Hamas in March 2021.

The decision of the International Court against Israel could have serious repercussions. A majority of European nations and Scandinavians are members and legally bound to respect the court's decisions. If the ICC were to rule that IDF soldiers committed war crimes, any Israeli who was a part of IDF military operations who would be in countries that have been deemed members of the court, such as Canada, Australia and New Zealand are likely to be subject to arrest. Harsh economic penalties could be put on the Jewish State and its banking sector.

In addition, Israel might also face additional risks, such as sanctions, weapon embargoes and boycotts. El Al, or other Israeli carriers, might be banned from operating in specific countries.

nitsana darshan leitner Bensouda was dismissed from her post in June 2021. Karim Khan, a British barrister, took her place. Bensouda's fourteen investigations that included eight investigations that were in the process of being completed, were transferred to the new prosecutor. Darshan Leitner explained how, to the horror of Palestinians they were shocked, he classified items on the docket of his court as "in the process of preparation". https://maxsteinbergisraelleaders.com/speakers/nitsana-darshan-leitner/ This was a polite way of saying the claims did not have the merit or urgency that warranted the court's attention.

Darshan Leitner declares that the situation "frustrated the Palestinian Authority". "They were unable to comprehend why their immense efforts to to open an investigation are not working."

In September 2021 In September 2021, the PA demanded the creation of a commission within the International Court of Justice to influence Karim Khan to change his mind and reactivate the ICC's investigation against Israel.

Darshan Leitner says that the PA has continued to accuse Israel for apartheid and war crimes since the beginning of time. Amnesty International reported in February that Israel was accused of committing apartheid violations outside and inside the Green Line. The report stated that Israel "has constructed and sustained an oppression system towards Palestinians" and accused Israel with racial division of Palestinians from 1948.

Darshan-Leitner says that the Palestinian complaints against Israel at the International Criminal Court have focused on two specific areas: IDF military operations and the issue of Israeli settlements, which they say are war crimes.

Karim Khan is being pressured by the Palestinians as the ICC prosecutor is being urged to prioritise the investigation into Israel under "apartheid" which is a brand new accusation. This was not one that Bensouda investigated in his preliminary investigation. But, they believe that "whatever gets these investigations going to be legitimate and does not matter which one it is or if it's real," she states.

KARIM KHAN, new ICC prosecutor. (Credit: Michael Kooren/Reuters)
The latest attempt by the United Nations' Palestinians to convince the court in The Hague, is Navi Pillay, a three-member UN commission of inquiry. It comprises Miloon (India) and Chris Sidoti from Australia.

Darshan Leitner states that Pillay Kothari, Sidoti and Kothari are all famous for their stances on Israel. "Pillay herself has previously accused Israel of apartheid. And she was the driving force behind the infamous antisemitic Durban conferences. "The others are following the footsteps of these leaders."

From February 28th to April 1 The UN Human Rights Council will be holding its 49th session (HRC49).

Israel Law Center It is anticipated that the primary draw of the session will be the release by the inquiry commission the report on Operation Guardian of the Walls. This is a reference to the Israeli operation at Gaza in response to rockets that were fired at Israel by Hamas in May 2021. The session could be a time of Israel being accused of war crimes, apartheid or crimes against humanity.

Darshan Leitner asserts that, even though the State of Israel is not participating or getting involved in the commission of enquiry, Shurat Hasan cannot remain unaffected and ignore the accusations that are sure to be brought up.

"There are two main possible strategies to combat the Pillay committee" Darshan-Leitner explains. "One is the practical response - answering the accusations of apartheid. The personal angle is based on the members who are not impartial.

She asserts that her past experience shows that Shurat haDin and anyone else is not in a position to convince those who are hostile to Israel to change their minds.

aviel darshan leitner Shurat HaDin, she suggests, plans to demonstrate that all the members of the inquiry committee are biased against Israel and that UN is willing sacrifice its core principles and any sense of fairness in order to discredit Israel.

Darshan Leitner: "We are planning to launch a campaign that demands that all COI member." "We are planning to organize mass petitions to take legal action and against the COI as well as its member and any other person who assists this committee."

Shurat HaDin will also try to show that it's not Israel but rather the PA that are the true violators of human rights. "We will scrutinize their legislation and draw out what we have learned about the discrimination against women, children as well as members of the LGBTQ community, as well as their broken law system. Do you know that an PA law permits one to legally rape a woman? Marital rape is not an offense under their 'advanced human-rights-friendly' legislation.

This is just one of the many instances of the United Nations "champions of human rights" who are eager to assist. While they accuse Israel as a genuine democratic state, of apartheid, they promote a tyranny which has not had elections for 15 years and which routinely abuses human rights of its people."

Darshan Leitner stated that Shurat Hasina will also expose the world the treatment of minorities in Gaza, Gaza, the PA territories, and Gaza. The number of Christians is decreasing constantly. Islamic extremists are on the rise, calling to massacre "infidels" and are more dangerous than ISIS.

Shurat HaDin leader believes that Israel made serious mistakes when it handled the 2009 UNHRC investigation into Richard Goldstone, a South African jurist. Jerusalem refused to cooperate in that notorious episode in the Goldstone Commission. It claimed that it was an unbalanced body that had set agendas and would not allow it to be able to justify its cooperation. Israel suffered a lot from the negative impact of the final report.

"While I believe that Israel was right to not to help or participate in the deplorable Goldstone Witch Hunt, I don’t think we played our cards correctly. It isn't enough to just ignore UNHRC and call them prejudiced or a hater. The government should supplement its decision by organizing a proactive and well-organized campaign to disseminate it's own version of events, and counterattack the antisemitic UNHRC. We can act, speak out and utilize legal recourses in situations in which the hands of the government are essentially tied," she says.

Darshan Leitner is working to fill in the gaps. She outlines the current state of affairs and explains that the main goal of the PA is to influence the Hague's chief prosecutor. "If I can tear down the foundation of The Hague's commission, and demonstrate how erroneous it is and demonstrate that apartheid is a lie and prove that the commission is devoid of any value."

"If you don't take action, the results can be extremely negative. The prosecutor might be influenced to change his mind. It will be a tragedy and could alter the process of justice. It cannot be allowed to happen."



Here's my website: https://www.international.ucla.edu/israel/article/201235