Notes

The UN Human Rights Council investigation (Shurat Hadin)

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

Her calm, almost serene demeanor belies the fierce opposition that Israel is expected to face 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 humanitarian law and all alleged violations and violations of international human rights laws leading to and after April 13th, 2021."

There have been past UN investigation into Israel, the distinction between the current and previous UN investigations is the fact that this commission was set up for a continuous investigation and will continue to investigate Israel and the IDF. It has not been given an expiration date.

Shurat Hadin "The UN Human Rights Council investigation is not just coming out of thin air," explains Darshan-Leitner, who established Shurat HaDin in 2003. It has to do with the activities of the International Court of Justice at The Hague.

In 1998, the Rome Statute established the ICC. aviel darshan leitner The court has the authority to pursue criminal charges against people for acts of aggression or crimes against humanity, as well as genocide. https://www.ig-law.com/ 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. The US, Israel and many other nations have not agreed to ratify or signed the statute. Therefore, they aren't legally bound to abide the rulings of the ICC.

Fatou Bensouda was the ICC prosecutor in The Hague and announced in March 2021 she would be starting a war crimes investigation against Israel.

A decision made by the International Court against Israel could have significant ramifications. Most European countries as well as Scandinavians are members of the court and are legally required to follow the decisions of the court. If the ICC has ruled that IDF troops committed war crimes, then any Israeli serving in IDF military operations could face an arrest. The threat of harsh economic sanctions could be leveled against the Jewish state as well as its banking sector.

In addition, Israel might also face other risks like sanctions, weapons embargoes, and boycotts. For example, El Al or other Israeli transporters might not be allowed to operate in certain countries.

Bensouda's term ended as prosecutor in June 2021. She was replaced by Karim Khan Karim Khan, a British barrister. Bensouda was involved in 14 investigations, which were handed over to the new prosecutor. Eight of the investigations were in the process of being completed. Much to the dismay of Palestinians as explained by Darshan-Leitner the cases that were on the docket of his court as "in the planning phase" which is which is a polite way to say that the claims lacked the urgency or merit to warrant the court's attention.

Darshan Leitner said that "this has upset the Palestinian Authority." "They didn't get it why their huge efforts to persuade the prosecution to open an investigative were blocked."

In September 2021, PA called for the establishment of a commission in the International Court of Justice to persuade Karim Khan to change his mind.

Darshan Leitner states that Israel was accused by the PA of apartheid, war crimes and other violations. Amnesty International's February report inflicted blame on Israel of committing apartheid violations both within and beyond its Green Line. The report claimed that Israel had "established and sustained an institutionalized system of oppression" towards Palestinians. In addition it blamed Israel of racial discrimination against Palestinians that dates back to 1948.

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

The Palestinians are pushing Karim Khan who is the head of the ICC prosecution, to prioritize the investigation into Israel under the "apartheidaccusation. This is a brand new claim that was never part of the preliminary investigation Bensouda conducted. However, she stated, "Whatever gets this investigation moving is valid according to their perspective, regardless of what it's about or if it's true."

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

Darshan Leitner states Darshan Leitner states that Pillay Kothari, Sidoti, and Kothari have a history of biases that favor Israel. "Pillay, herself, has made accusations against Israel for its apartheid policies. She was also the person who conceived the antisemitic Durban conferences. The rest of them aren't too far behind."

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

The session's main draw is likely to be the report of the inquiry commission on Operation Guardian of the Walls. It is a reference to the Israeli operation that took place in Gaza due to the Hamas missiles fired at Israel in May 2021. Israel is likely to be accused of war crimes, apartheid, as well as crimes against humanity in this session.

Darshan Leitner asserts that, even although the State of Israel is not taking part in the inquiry, Shurat Hasan cannot remain in silence and ignore the allegations that are bound to be presented.

Darshan Leitner clarifies that there are two main options for countering the Pillay Committee. nitsana darshan leitner "The first is the material solution - addressing the claims of apartheid. The other is the personal angle , focusing on the lack of impartiality of its leaders."

She stated that her previous experiences have demonstrated that Shurat HaiDin, or any other person, will not be able to convince those who are already negatively disposed to Israel to alter their views.


She proposes that Shurat HaDin should instead demonstrate that all members of the inquiry commission are biased towards Israel, and that the UN is willing to sacrifice its values, fairness, and sense of fairness in order to discredit Israel.

Darshan Leitner explains "We're planning to start an initiative calling for all COI Members to step down." "We are planning to organize mass petitions for legal action and against the COI as well as its members and all other individuals who assist this committee."

Shurat HaDin will also attempt to prove that it is not Israel but the PA who are the main violations of human rights. "We will be examining their laws and eliminating everything we know about the discrimination against children, women, and the LGBTQ community, as well as their legal system that is flawed. Do you know that according to PA law it is legal to legally rape his own wife? Marital rape is not an offense under their 'advanced human-rights-friendly' legislation.

This is only one of many examples of the UN's "champions of human rights" who are determined to assist. While they claim Israel, a genuine democracy, of apartheid. they advocate a dictatorship that hasn't held elections in the last 15 years, and that systematically abuses human rights of its people."

Darshan Leitner declared that Shurat Hasina will also expose the world the treatment of minorities in Gaza and the PA territories, as well as Gaza. Their numbers are declining. They are on the rise.

Shurat HaDin leader believes that Israel has made a number of mistakes in the handling of the 2009 UNHRC investigation into Richard Goldstone, a South African jurist. Jerusalem did not cooperate with the Goldstone Commission in that scandalous episode. The Goldstone Commission was headed by Richard Goldstone, who was a South African jurist. Israel was terribly hurt by the negative final report's fallout.

"While Israel did the right decision in not assisting or participate in the vile witch-hunt based on Goldstone, I don't believe that we played our cards well. It's not enough to disregard the UNHRC or label them as racist and discriminatory. The government had to back its decision by organizing a proactive and well-organized campaign to spread its own narrative and to counterattack against the antisemitic UNHRC."This is where an NGO such as Shurat HaDin can play such a crucial role. She says that we can speak up, use legal avenues and intervene in cases where the government is stuck."

Darshan Leitner attempts to fill this hole. She summarises the present situation and explains that the purpose of the PA is to influence The Hague’s Chief Prosecutor. My goal is to expose the underlying principles of this commission and show that it is a misguided organization and how apartheid-related claims are false and why they better fit for the PA. This will demonstrate that the commission does not have any significance.

"If you do not follow through and you don't do it, the consequences could be extremely negative. Israel Law Center The prosecutor may be influenced and alter his opinion. It would be a tragedy for the prosecution, and could be a significant game changer. It can't go on for long."



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