Notes

The UN human right council investigation (Shurathadin)

Sitting in the Tel Aviv offices of Shurat HaDin - Israel Law Center on a pleasant Sunday afternoon Nitsana Darshan-Leitner discusses the problems the State of Israel will be facing from the United Nations in the coming weeks.

Her serene, almost peaceful demeanor conceals the fierce opposition Israel will likely face from its UN Human Rights Council and three-member Commission of Inquiry. This was enacted by the UN in order to "investigate both within the Occupied Palestinian Territory and Israel all alleged breaches of international humanitarian and other human rights laws up to and including the 13th of April 2021."

Although Israel has been the subject of UN-led investigations in the past it is evident that the current investigation was designed to go on and investigate Israel as well as its IDF. nitsana darshan leitner The commission's term was not established.

Darshan-Leitner, who founded Shurat HaDin, explained that "the UN Human Rights Council investigation isn't coming out of thin air". It has to do with the activities of the International Court of Justice at The Hague.

In 1998 in 1998, the Rome Statute established the ICC. The court has the authority to bring criminal charges against individuals who have committed crimes such as genocide and human rights violations. Israel, the US as well as a number of other countries have not ratified or signed the statute, and therefore are not legally bound.

Israel Law Center Fatou Bensouda (the ICC prosecutor at The Hague) announced in March 2021 that she will start a war crimes probe against Israel and Hamas.

An International Court decision against Israel could have important ramifications. A majority of European countries and Scandinavians are members of the court and are legally required to follow the court's rulings. If the ICC could decide that IDF soldiers were guilty of war crimes, any Israeli who was a part of IDF military operations that would be traveling in countries that are members of the court like Canada, Australia and New Zealand are likely to be arrested. Economic sanctions that are harsh could be imposed on the Jewish state and its banks sector.

Israel could also be subject to sanctions, embargoes on weapons as well as boycotts. El Al, or other Israeli carriers could be banned from operating in certain countries.

Bensouda's term was over as prosecutor, and she was succeeded by Karim Khan (a British barrister). Bensouda had 14 investigations that included eight active investigation. The new prosecutor was able to take on all. To the chagrin of Palestinians as explained by Darshan-Leitner he categorized the items in his docket as "in the planning phase" which is an informal way of saying that the allegations did not have the urgency or merit to warrant the court's attention.

Darshan Leitner says that this "frustrated the Palestinian Authority". "They couldn’t understand why their immense efforts to get the prosecutor open an investigation have stalled."

The PA demanded the creation of a commission at the International Court of Justice in September 2021. Shurat Hadin This was in order to boost Karim Khan's decision to alter his mind about the ICC's probe of Israel.

Darshan Leitner says that Israel has been accused of war crimes and apartheid violations since the time of his interview. Amnesty International's February report inflicted blame on Israel for its apartheid policies as well as beyond its Green Line. The report claimed Israel "has established an oppressive regime that is institutionalized Palestinians" and further the report accused Israel of racial segregation since 1948.

Darshan Leitner asserts that Palestinian demands against Israel are focusing on the International Criminal Court on two areas: IDF Military Operations and the issue of Israeli Settlements. These are they claim to be war crimes.

Karim Khan Karim Khan ICC prosecutor is being pushed by the Palestinians to prioritize the investigation into Israel in the context of the "apartheid" assertion, a new claim, that was not among the allegations that were being investigated in the initial investigation which Bensouda conducted. However, they consider "whatever gets these investigations going to be legitimate and isn't crucial whether it's true or whether it's real," she states.

Shurat Hadin KARIM KHAN, new ICC prosecutor. https://www.pinterest.com/pin/225109681351538987/ (Credit: Michael Kooren/Reuters)
The third-member inquiry committee of the UN that is led by Navi Pillay, a native of South Africa and includes Miloon Kothari from Australia and Chris Sidoti, is the latest attempt by Palestinians to get their message across to The Hague court.

Darshan Leitner asserts that Pillay Kothari and Sidoti have a long history of expressing biases against Israel. "Pillay herself has already accused Israel of apartheid and she was the guiding force behind the infamous antisemitic Durban conferences. They are not too far away."

From February 28 through April 1, the United Nations Human Rights Council's 49th session (HRC49), will take place in Geneva at its Geneva office.

The session's main draw is likely to be the report of the commission of investigation regarding Operation Guardian of the Walls. It is a reference to the Israeli operation that occurred in Gaza in response to the Hamas missiles launched at Israel in the month of May 2021. The session could witness Israel being accused of war crime, apartheid or crimes against humanity.

Darshan Leitner declares that while the State of Israel won't cooperate or join the inquiry commission, Shurat HaDin can't sit in silence and ignore the accusations that will be presented by the commission.

Darshan Leitner said that there were two major options for countering the Pillay panel. "The first is the material answer - answering the allegations of apartheid. The second is the personal aspect that focuses on its members' inimility.

She claims that her previous experiences have demonstrated that Shurat HaDin, or any other individual will not be able to convince those who are negatively disposed towards Israel to change their minds.

Shurat Haidin has suggested that Shurat Hadin is more interested in illustrating that all members of the inquiry commission have a bias towards Israel, and that the UN will be willing to sacrifice its fundamental values and perception of fairness in order to discredit Israel.

Darshan Leitner: "We are going to start a campaign which demands the resignation of all COI member." "We will organize mass petitions against the COI and its members, as well as any other person who is a member of this committee." Darshan-Leitner said.


Shurat haDin is also going to try to prove that the PA, and not the State of Israel is, the main culprit in the violation of human Rights. "We will look over their laws to uncover the gender discrimination that is imposed on children and women and their inadequate legal systems. Are you aware that, in accordance with PA law the law allows one to legally rape his own wife? 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 who the UN is determined to assist. While they are able to accuse Israel as a genuine democracy - of apartheid, they promote a tyranny, that hasn't held elections in 15 years, and that routinely violates the rights of its own population."

Darshan Leitner declared that Shurat Hasina will also expose the world to the harsh treatment of minorities in Gaza as well as the PA territories, as well as Gaza. Their numbers are decreasing. They are increasing.

According to Shurat HaDin, Israel committed grave errors in the handling of the UNHRC inquiry into the South African jurist Richard Goldstone's 2009 trial. Jerusalem refused collaboration with the Goldstone Commission after it found out that it had a biased agenda. Israel faced a number of international tensions as a result of the extremely crucial final report.

"I believe we didn't play the cards right, even though I agree with Israel's refusal to join or assist in the hateful Goldstone witch-hunt. It's not enough to disregard the UNHRC and call them prejudiced and haters. The government needed to support its decision with an effective campaign to disseminate and counterattack the anti-Semitic UNHRC. She says we should engage in legal recourses and take action in situations where the government is essentially stuck."

Darshan-Leitner aims to fill in this gap this time around. She summarises the present situation and explains that the PA's aim ultimately is to influence The Hague's chief procuror. So, "if I can uproot the commission's foundations to show how misguided it is, as well as how the argument of apartheid is false and more appropriate to the PA, it will show that the commission has no value.

"If you don't take action, the results can be very bad. The prosecutor could be attracted by the possibility of changing his opinion. It would be a tragedy for the prosecution as well as a major game-changer. The situation cannot go on."



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