Notes

The UN human Rights Council investigation (Shurathadin)

Nitsana Darshan-Leitner discusses the issues Israel will face over the next few weeks with the United Nations while sitting in the Tel Aviv offices of Shurat HaDin Israel Law Center.

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

While there have been prior UN investigations into Israel however, the main different between the present and prior UN investigations is the fact that this commission was established to be a permanent inquiry that would continue to probe Israel and the IDF. The investigation was not provided with the date of expiration.

Darshan-Leitner , the founder of Shurat HaDin 2003, explains that "the UN Human Rights Council investigation is not born of thin air." "It is connected to the activities of the International Court of Justice in The Hague."

https://hamodia.com/prime/nitsana-darshan-leitner-israels-legal-warrior/ The Rome Statute, which established the ICC in 1998, created it. The court has jurisdiction to bring criminal charges against individuals for acts of genocide and 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 could become an instrument that could be used against them. Israel and the US, and many others haven't signed the statute nor ratified it. This means they do not have a legal obligation or obligation to adhere to the rulings of the ICC.

Fatou Bensouda at The Hague was the ICC Prosecutor of the ICC. She announced that she was going to launch a war crimes probe into Israel and Hamas in the month of March 2021.


A decision by the International Court against Israel may have a significant impact. The court is a member of most European and Scandinavian countries and are legally bound by law to observe its rulings. If the ICC ruled IDF troops had committed war crimes, then anyone Israeli serving in IDF military operations could face an arrest. The Jewish state and its banking industry could face harsh economic sanctions.

Israel could also be exposed to other threats, such as sanctions, embargoes of weapons, and even boycotts. For instance, El Al or other Israeli transporters might not be permitted to operate in certain countries.

Bensouda retired as prosecutor in June 2021. Karim Kan, a British barrister, was named her replacement. Bensouda was involved in 14 investigations, which were taken over by the prosecutor who replaced her. Eight of the investigations were active. Darshan Leitner stated that he classified the items in his court's docket "in the planning phase" to the dismay and shock of Palestinians. It's a tactful way to declare that the allegations were not meritorious or urgent enough to warrant the court's examine.

Darshan Leitner stated that "this has upset the Palestinian Authority." "They were unable to comprehend the reasons behind their incredible efforts to convince the prosecutor in order to initiate an investigation were blocked," Darshan-Leitner said.

The PA asked for the establishment of a commission at the International Court of Justice in September 2021. This was in order to boost Karim Khan's decision to alter his views on the ICC's probe of Israel.

Since then, according to Darshan-Leitner she says, the PA has continued to denounce Israel of war crimes and apartheid. Amnesty International published a report in which it accused Israel of committing apartheid violations in and beyond the Green Line. The report stated that Israel "has created and maintained an institutionalized regime of oppression" against Palestinians and accused Israel of imposing racial segregation of Palestinians from 1948.

Darshan-Leitner says that the Palestinian complaints against Israel in the International Criminal Court have been focused on two areas which are the IDF military operations and Israeli settlements. They claim that these are war crimes.

Karim Khan, the ICC prosecutor, is now being urged by Palestinians to prioritize the investigation of Israel in the context of the "apartheid" claim, a new claim, which was not one of the allegations that were investigated in the preliminary investigation that Bensouda conducted. But, she said, "Whatever gets this investigation moving is legit in their eyes regardless of the nature or whether it's true."

KARIM KHAN, new ICC prosecutor. Israel Law Center (Credit: Michael Kooren/Reuters)
The most recent attempt by the Palestinians to convince the court in The Hague is the UN's three-member commission of inquiry, which is headed by Navi Pillay, who hails from South Africa, and which includes Miloon Kothari (India) and Chris Sidoti (Australia).

Darshan Leitner writes that Pillay Kothari (and Sidoti) are well-known for their biases toward Israel. "Pillay herself has made allegations against Israel for its apartheid policies. It was her spokesman behind the antisemitic Durban conferences. They are not too far away."

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

https://www.splcenter.org/fighting-hate/extremist-files/group/jewish-defense-league The report of the inquiry commission on Operation Guardian of the Walls will be the most significant part of the session. It will examine the Israeli operation against Gaza in May 2021 to deter Hamas from firing missiles at Israel. Israel is likely to be accused of war crimes, apartheid policies, as well as crimes against humanity in this session.

Darshan Leitner said that even though Israel will not cooperate with the inquiry commission or get involved, Shurat haDin cannot ignore the allegations to be made by the commission.

Darshan Leitner stated that there are two major alternatives to counter the Pillay panel. "One is the practical response to counter the allegations of apartheid. https://www.reuters.com/article/us-security-israel-lawyer/fighting-israels-foes-in-u-s-courts-lawyer-had-help-from-mossad-idUSKBN1D2296 The other is the personal angle that focuses on members' lack impartiality.

She claims that her prior experiences show that ShurathaDin and others will not be able convince people who are already negative about Israel.

nitsana darshan leitner Shurat Haidin has suggested that Shurat Hadin is more interested in illustrating that all members to the commission of enquiry have a bias towards Israel and that the UN will be willing to sacrifice its fundamental values and notion of fairness to delegitimize Israel.

Darshan Leitner: "We are going start a campaign that demands the resignation of all COI member." "We're going to stage massive protests and file legal actions against the COI. Its members and any other person who supports the COI."

Shurat haDin will also attempt to prove that the PA rather than the State of Israel is, the actual violator 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 system. Are you aware that the 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 of many examples of the UN's "champions of human rights" who are eager to help. While accusing Israel of being apartheidist, they support a regime which hasn't had elections for 15 year and that routinely violates the rights of its citizens.

Darshan-Leitner claims that Shurat HaDin will also reveal the world to how minorities are treated in Gaza and the PA and Gaza."The fate of Christians in the PA territories as well as Gaza is set," she asserts. The numbers of them are declining. Islamic extremists that call to massacre 'infidels,' who are no better than ISIS numbers, are on the rise."

The Shurat HaDin leader feels that Israel has made a lot of errors in the handling of the previous UNHRC commission of inquiry led by South African jurist Richard Goldstone in 2009. Jerusalem refused to cooperate in the Goldstone Commission during that famous episode. They claimed it was biased and had an agenda that was predetermined. This wouldn't have any influence on their ability to work with the Goldstone Commission. Israel experienced a lot of international tensions resulting from the extremely crucial final report.

"While Israel did the right choice in refusing to aid or participate in the vile witch-hunt based on Goldstone, I do not believe that we played our hands properly. It's not enough to simply ignore UNHRC and call them prejudiced or haters. The government had to complement its decision with an planned and well-organized campaign to disseminate its story and counterattack the antisemitic UNHRC. We can take action, speak out and utilize legal recourses in situations when the hands of the government are tied," she says.

Darshan Leitner hopes to fill the void. 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 am able to tear down the basis of The Hague's commission, show how erroneous it is and show that apartheid is a false claim, it will demonstrate that the commission is devoid of any worth."

"If we do not do this, the result could be catastrophic. The prosecutor may be influenced or change his mind. It would be a tragedy and it could alter the direction of justice. nitsana darshan leitner This cannot be allowed to occur."



Website: https://www.jewishdallas.org/calendar/shurat-hadin---israel-law-center-1473718319