Notes

The UN Human Rights Council investigation (Shurathadin)

Nitsana Shurat HaDin -Israel Law Center sits in the Tel Aviv office of Shurat HaDin on the sun-drenched afternoon of a Sunday. She outlines the challenges Israel faces in the wake of the United Nations in forthcoming weeks.

Her calm, almost serene attitude is in stark contrast to the fierce opposition Israel faces in both the UN Human Rights Council, and the three-member Commission of Inquiry [COI], who was assigned by the UN "investigate" in the Occupied Palestinian Territory, East Jerusalem and Israel all allegations of violations of the international human rights law, and any allegations of violations or abuses of the international human rights laws prior to and including the 13th of April, 2021.

aviel darshan leitner Although Israel has been the investigation of the UN in the past, it is clear that this current investigation was created to continue and examine Israel and its IDF. The mandate of the commission was not a set date.

"The UN Human Rights Council investigation is not coming from the air," explains Darshan-Leitner, who established Shurat HaDin in 2003. https://www.jewishdallas.org/calendar/shurat-hadin---israel-law-center-1473718319 It's connected to incidents at the Hague's International Court of Justice."

The Rome Statute, which established the ICC in 1998, created it. The court is authorized to bring criminal charges against individuals who have committed crimes such as genocide , and crimes against humanity. Israel, the US, and many others haven't signed the statute or ratified it. This means they have no legal obligation or obligation to adhere to the rulings of the ICC.

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

A International Court decision against Israel could have important ramifications. Most European and Scandinavian members of the court are legally bound by its decisions. If the ICC was to decide that IDF soldiers committed war crimes, any Israeli who was a part of IDF military operations who would be traveling in countries that are members of the court - such as Canada, Australia and New Zealand may be subject to arrest. The Jewish state and its banking industry could face harsh economic sanctions.

aviel darshan leitner In addition, Israel might also face additional risks, such as sanctions, weapons embargoes, and boycotts. El Al and other Israeli carriers might not be permitted to conduct business in some countries, for instance.

Bensouda's prosecutor's tenure ended in June 2021. her replacement was British barrister Karim Khan. Bensouda assigned fourteen investigations for the new prosecutor and of those, eight were active. Darshan Leitner said that he classified all the matters on his docket "in the planning phase" to the dismay and surprise of Palestinians. It's a way of politely claim that the accusations were not meritorious or urgent enough to warrant the court's consider.

Darshan Leitner states Darshan Leitner says "this caused a lot of anger to the Palestinian Authority." "They could not comprehend how their tireless efforts to convince the prosecutor to start an investigation has stalled."

In September 2021 in September 2021, the PA demanded the creation of a commission in the International Court of Justice to influence Karim Khan to reconsider his views and restart the ICC's investigation against Israel.

Darshan Leitner claims that Israel has been accused of discrimination and war crimes since then. Amnesty International reported in February that Israel was accused of discrimination against minorities outside and inside the Green Line. The report stated that Israel "has created an institutionalized system of oppression against Palestinians" and it also the report accused Israel in its racial division from 1948.

nitsana darshan leitner Darshan Leitner says that Palestinian demands against Israel have been centered 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.

Shurat Hadin Karim Khan is pressured by the Palestinians and the ICC prosecutor is being urged to prioritise the investigation of Israel under "apartheid" which is a brand new accusation. It was not one that Bensouda investigated in his preliminary investigation. However, they consider "whatever is causing these investigations to go on to be legitimate and doesn't really matter what it might be or whether it's true," she states.

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

Darshan Leitner says Darshan Leitner states that Pillay Kothari, Sidoti, and Kothari have a long history of biases in favor of Israel. "Pillay has also accused Israel of apartheid, and was the main factor behind the antisemitic Durban conferences. "The others are following their footsteps."

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

The report from the inquiry commission regarding Operation Guardian of the Walls will be the most significant part of the session. It will focus on the Israeli operation against Gaza in May 2021 in order to prevent Hamas from launching missiles towards Israel. During this session, Israel will likely be accused of war crimes and apartheid, as well in crimes against humanity.

Darshan Leitner says that even though the State of Israel won't cooperate or join the inquiry commission, Shurat HaDin can't sit still and ignore the allegations which will be made by the inquiry commission.

Darshan Leitner states that there are two options to combat the Pillay Commission. "One is the material response - answering the accusations of apartheid. One is the actual response - answering the accusations of apartheid. The other is personal - focusing on the immorality of its members.

She claims that the past instances show that Shurat haDin or anyone else is not in a position to convince those who are anti- Israel to change their mind.

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 abandon its fundamental values and perception of fairness in order to discredit Israel.

Darshan Leitner: "We are planning to launch a campaign that demands that all COI member." "We plan to organize massive petitions and take legal action against COI members, and anyone else who aids this committee," Darshan Leitner declares.

Shurat haDin will also attempt to show the PA as opposed to the State of Israel is, the actual violator of human Rights. "We will be looking over their legislation and removing all information we can about their discrimination against women, children, and the LGBTQ community, as well as their ineffective legal system. Do you know that one is legally allowed to rape a spouse according to PA law? Marital rape is not an offense under their 'advanced human-rights-friendly' legislation.

This is only one of the many instances of the United Nations "champions of human rights" who are determined to aid. They claim Israel, a true democracy, of being an apartheid state. However, they support the dictatorship which has not held elections for 15 years and which routinely violates the human rights the citizens of its own.

Darshan Leitner asserts that Shurat HaDin is also going to expose the world to how minorities in Gaza as well as in the PA are treated. "The fate of Christians living in Gaza and in the PA territory is set," she states. The number of Christians in the PA is shrinking. They are growing.

According to Shurat HaDin, Israel committed grave errors in the handling of a UNHRC investigation into South African jurist Richard Goldstone's 2009 case. Jerusalem did not want to cooperate with the Goldstone Commission after it found that the commission had a biased agenda. Israel suffered a lot from the negative final report's fallout.

"While Israel did the right thing in refusing to assist or join in the hateful witch-hunt based on Goldstone, I disagree that we played our hands correctly. It's not enough just to ignore the UNHRC and label them racist and hateful. The government must support its decision with an organized campaign to disseminate and counterattack the antisemitic UNHRC. We have the ability to speak out and utilize legal remedies in cases where the government's hands are essentially tied," she says.

Darshan Leitner is trying to fill in the gaps. She outlines the current situation and states that the purpose of the PA is to influence The Hague's Chief Prosecutor. So, "if I can uproot the foundation of the commission to expose how erroneous it is, how the argument of apartheid is false and is more suited to the PA and the PA's agenda, it will demonstrate that the commission is not of any significance.

"If we don't take this step, the results will be negative. The prosecutor might be convinced to change his mind. It would be a devastating and significant loss. It can't go on for long."




Homepage: https://www.sessions.legal/