Notes

The UN human rights Council's investigation (Shurathadin)

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

Her serene, almost tranquil demeanor belies the fierce opposition Israel will likely to encounter from the UN Human Rights Council as well as the three-member Commission of Inquiry [COI] which was appointed by the UN to "investigate in the Occupied Palestinian Territory, including East Jerusalem, and in Israel all alleged violations of international human rights law, as well as all allegations of violations and violations of international human rights law up to and from April 13, 2021."

While there have been aggressive UN investigation into Israel in the past, what distinguishes the current investigation is that it has been designed as a continuous and ongoing investigation to investigate Israel and the IDF. The duration of the commission has not been set.

Darshan-Leitner clarifies, "The UN Human Rights Council investigation isn't just being made up out of thin air," and he founded Shurat HaDin back in 2003. It is related to the incidents at the Hague's International Court of Justice."

In 1998, the Rome Statute gave birth to the ICC. The court is authorized to prosecute people for crimes of genocide as well as crimes against humanity, war crimes and the crime of aggression.While Israel initially supported the idea of an international court it was worried that the court would become an instrument that could be used against it. Israel as well as the US as well as a number of other countries did not sign or ratify the statute. Thus, they aren't legally bound by the rulings of ICC.

Fatou Bensouda at The Hague was the ICC Prosecutor of the ICC. She declared that she would start a war crimes probe into Israel as well as Hamas in the month of March 2021.

A ruling from the International Court in favor of Israel could have a profound impact on. A majority of European and Scandinavian nations have joined the court and legally bound to respect the court's rulings. If the ICC ruled IDF troops were guilty of war crimes, then any Israeli who is a part of an IDF military operations could be subject to the possibility of being arrested. Economic sanctions that are harsh could be imposed on the Jewish state and its banks sector.

Israel could also be subject to further dangers, including sanctions and embargoes on weapons. El Al or other Israeli airlines could not be allowed in certain countries.

Bensouda retired as prosecutor in June 2021. Karim Kan, a British barrister, was named her replacement. Bensouda was able to inherit 14 investigations, which included eight ongoing investigation. The new prosecutor was able take on all. Darshan Leitner told the Palestinians that he classified cases on his docket as "in the planning stage" that is means to indicate that the accusations are not enough urgent or worthy of consideration.

Darshan Leitner: "This upset the Palestinian Authority." "They couldn’t understand why the arduous efforts they have made to get the prosecutor open an investigation have stalled."

Israel Law Center The PA requested the establishment of a commission within the International Court of Justice in September 2021. This was done to spur Karim Khan to reconsider his mind about the ICC's probe of Israel.

Since then, as Darshan-Leitner claims she says, the PA has continued to claim Israel of committing war crimes and apartheid. The Amnesty International report, released in February, claimed Israel of committing apartheid violations both within and beyond the Green Line. The report claimed that Israel had "established and maintained an institutionalized system oppression" towards Palestinians. In addition it blamed Israel for its racial segregation of Palestinians which dates back to 1948.

Darshan Leitner explains that the Palestinian claims against Israel in the International Criminal Court focus on two distinct areas. IDF military operation and Israeli settlements. Darshan Leitner believes these areas are war crimes.

Karim Khan Karim Khan ICC prosecutor is being urged by Palestinians to prioritize the investigation of Israel in the context of the "apartheid" claim, a new claim, that was not among the claims that was investigated in the preliminary investigation that Bensouda was pursuing. But, she said, "Whatever gets this investigation moving is legit to them, regardless of the nature or whether it's true."

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

According to Darshan Leitner, Pillay, Kothari and Sidoti are recognized for their prejudices towards Israel."All three have a documented track record of statements and actions on the same topics they are tasked with investigating the matter,'" she says. https://www.hachettebooks.com/titles/nitsana-darshan-leitner/harpoon/9780316399012/ "Pillay, herself, has been accused of blaming Israel regarding apartheid. She was also the spirit behind the anti-Semitic Durban conferences. The others are not far behind."

From February 28 until April 1st, UN Human Rights Council (HRC49) will be hosting the 49th session.

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

Darshan Leitner declared that although Israel is not cooperating with the inquiry commission or get involved in the investigation, Shurat haDin cannot ignore the accusations that will soon be made by the commission.

Darshan Leitner says that "there are two main possibilities to defuse the Pillay Committee." "One is the practical response - answering the accusations of apartheid. One is the response to material - answering the accusations of apartheid. The other is personal - focusing on the immorality of its participants.

She asserts that her past experiences have shown that Shurat haDin, or any other person, will not be capable of convincing people who are already opposed to Israel to change their mind.

She suggests that Shurat HaDin will instead show that all the members of the inquiry are biased against Israel, and that the UN will sacrifice its core values as fairness, fairness and sense of fairness to undermine the legitimacy of Israel.

Darshan Leitner says, "We are going launch a campaign to call for the resignations of the entire COI." COI members." "We are planning to launch mass petitions, take legal actions against COI members as well as anyone who assists this committee," Darshan Leitner states.

Shurat HaDin is also planning to show that the PA as opposed to Israel is the most serious people who violate human rights. "We will scrutinize their laws and identify what we know: the discrimination towards women, children and those belonging to the LGBTQ community, and their flawed system of law. Do you know that an PA law permits a person to legally rape a wife? Marital rape is not an offense under their 'advanced human-rights-friendly' legislation.

"This is just one example of the UN's champions for human right that they are keen to help. While they are able to accuse Israel - a true democratic state - of apartheid they promote a tyranny, that hasn't held elections for 15 years, and that routinely violates the rights of its own citizens."

Darshan Leitner declared that Shurat Hasina will also reveal to the world to the inhumane treatment of minorities in Gaza, the PA territories, as well as Gaza. Their numbers are continually decreasing. https://israeli-legal-studies.law.columbia.edu/ Islamic extremists calling for the murder of 'infidels' they are just as bad that ISIS figures are growing is an Islamic extremists.

Shurat haDin leader believes that Israel made grave mistakes in its handling of the UNHRC earlier commission of inquiry led by Richard Goldstone (South African jurist). Jerusalem was unable to work with the Goldstone Commission after it found out that the Goldstone Commission had a biased agenda. The aftermath of the extremely critical final report, however, created a great deal of international tensions for Israel.

"While I agree that Israel was correct to refuse to aid or cooperate in the infamous Goldstone Witch Hunt, I don’t think we played the right cards. It's not enough just to disregard the UNHRC and call them prejudiced and haters. The government must complement its decision by launching a proactive and well-organized campaign to spread its own narrative, and to counterattack the antisemitic UNHRC. We can take action, speak out and utilize legal recourses in situations in which the hands of the government are tied," she says.

Darshan Leitner attempts to fill this hole. She outlines the current state of affairs, and states that the PA's ultimate goal is to influence The Hague’s chief prosecutor. https://www.prnewswire.com/news-releases/shurat-hadin-president-releases-american-best-seller-harpoon-in-hebrew-301197619.html "If I am able to tear down the basis of The Hague's commission, show how misguided it and show that apartheid is a false claim It will show that the commission lacks any significance."


"If this isn't done, it will result in bad outcomes. The prosecutor might be influenced by the possibility of changing his mind. This would be a terrible and devastating development. This cannot happen.



Read More: https://mizrachi.org/speaker/mrs-nitsana-darshan-leitner/