Nitsana Shurat HaDin -Israel Law Center is in Tel Aviv’s office of Shurat HaDin on the sun-drenched afternoon of a Sunday. She discusses the issues Israel faces due to the United Nations in forthcoming weeks.
Her calm and serene demeanor is in direct contrast to the ferocious protests Israel faces from the UN Human Rights Council (COI) and the three-member Commission of Inquiry [COI] that was appointed by the UN to examine “in the Occupied Palestinian Territory including East Jerusalem all alleged violations of international humanitarian law and any alleged violations of international human rights laws from April 13 to April 13th, 2021.”
Although Israel has been the subject of vigorous UN investigation in the recent past The main distinction is that the current UN investigation was created as a continuous investigation to investigate Israel’s IDF. The term of the commission was not established.
Darshan-Leitner , the founder of Shurat HaDin 2003, explains that “the UN Human Rights Council investigation is not born of thin air.” It’s linked to events in the International Court of Justice in The Hague.
The ICC was established by the Rome Statute in 1998, which established the court. The court has jurisdiction 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 be a tool which could be used against them. The US, Israel and many other nations haven’t agreed to ratify or signed the statute. They are therefore not legally bound to abide the rulings of the ICC.
Fatou Bensouda (the ICC prosecutor at The Hague) announced in March 2021 that she would start a war crimes probe against Israel and Hamas.
A decision made by the International Court against Israel could have significant implications. The court is member of most European and Scandinavian countries, and they are legally bound by law to observe its rulings. Anyone Israeli soldier involved in IDF actions that involved war crimes may be held accountable if the ICC rules that they did. aviel darshan leitner Harsh economic penalties could be placed on the Jewish State and its banking sector.
Israel could also be subject to further risks, such as sanctions and embargoes on weapons. El Al or other Israeli transporter could be prohibited from operating in some countries.
Shurat Hadin Bensouda was dismissed from office in June 2021. Karim Khan, a British barrister, took her place. Bensouda’s 14 cases with eight of them active, were passed on to the new prosecutor. aviel darshan leitner Darshan Leitner explains that he classified all the matters on his docket at the planning phase, much to the dismay of Palestinians. Shurat Hadin This was a tactful method of stating that the cases were not worthy of the court’s attention or weren’t urgent enough.
nitsana darshan leitner Darshan Leitner claims that “this angered the Palestinian Authority.” “They were unable to comprehend why their incredible efforts to get to the prosecutor in order to initiate an investigation were blocked,” Darshan-Leitner said.
The PA demanded the creation of a commission in the International Court of Justice in September 2021 to pressure Karim Khan to reconsider his position and reactivate the ICC investigation against Israel.
Darshan Leitner states that Israel was accuse by the PA of war crimes, apartheid and other crimes. Amnesty International’s February report criticized Israel of committing apartheid violations in and outside of its Green Line. The report claimed Israel “has created an oppressive regime that is institutionalized Palestinians” and further accused Israel of racial segregation from 1948.
Darshan-Leitner states that the Palestinian complaints against Israel in the International Criminal Court have been focused on two areas: the IDF military operations and Israeli settlements. They argue that these are war crimes.
Karim Khan is urged by the Palestinians as the ICC prosecutor, to focus on the investigation Israel under “apartheid” which is a brand new accusation. It was not one that Bensouda investigated in his preliminary investigation. But, they believe that “whatever leads to these investigations legitimate, and it isn’t crucial whether it’s true or whether it’s true,” she states.
KARIM KHAN, new ICC prosecutor. (Credit: Michael Kooren/Reuters)
The latest attempt by the United Nations’ Palestinians in their attempt to convince the court in The Hague, is Navi Pillay, a three-member UN commission of inquiry. It is comprised of Miloon (India) and Chris Sidoti from Australia.
Darshan Leitner claims Darshan Leitner says that Pillay Kothari, Sidoti and Kothari are all well-known for their biases toward Israel. “Pillay has also accused Israel of apartheid and was the driving factor behind the antisemitic Durban conferences. They’re not too far away.”
Between February 28th and April 1st, the UN Human Rights Council will have its 49th session (HRC49).
https://tbinternet.ohchr.org/Treaties/CCPR/Shared Documents/ISR/INT_CCPR_NGO_ISR_99_9210_E.doc It is anticipated that the most significant event of the session will be the publication by the commission of inquiry of the report of Operation Guardian of the Walls. This is a reference to the Israeli operation in Gaza in response to rockets fired at Israel by Hamas in May 2021. At the time of the session Israel is expected to face charges of apartheid, war crimes, and crimes against humanity.
Darshan Leitner says that even while 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 brought up.
Darshan Leitner declares that there are two strategies to fight the Pillay commission. The first is the substantive one, which addresses the allegations of apartheid. The second is the personal aspect that focuses on its members’ resentment.
She added that previous experiences have shown that Shurat HaiDin or anyone else will not be able to convince those who are already negatively disposed towards Israel to alter their views.
She proposes that Shurat HaDin could instead prove that all the members of the inquiry commission have a bias against Israel and also that the UN is prepared to sacrifice its fundamental values, fairness, and sense of fairness in order to discredit Israel.
“We are going to begin a campaign to call to the resignation of all the COI members,” says Darshan-Leitner. “We will create mass petitions against the COI and its members, and any other person who is a member of this committee.” Darshan Leitner stated.
Shurat haDin will also attempt to show the PA, and not the State of Israel is, the main culprit in the violation of human Rights. “We will go through their laws to find out what we can find – discrimination against women, children as well as the LGBTQ community as well their inadequate legal system. Do you know that one is legally allowed to rape a spouse in accordance with PA law? Marital rape is not an offense under their ‘advanced human-rights-friendly’ legislation.
This is just one of the many instances of the UN’s “champions of human rights” who are eager to aid. While they are claiming Israel of apartheid, they promote a tyranny with no elections for 15 years and consistently infringes on the rights of its own citizens.
Darshan Leitner declares that Shurat haDin will also reveal to the world the way minorities are treated by the PA and Gaza. Their numbers are steadily decreasing. Islamic extremists who demand the slaughter of “infidels” they are just as bad that ISIS figures are increasing, are an Islamic extremists.
According to Shurat HaDin, Israel committed grave errors when it was handling a UNHRC investigation into South African jurist Richard Goldstone’s 2009 trial. Jerusalem refused cooperation with the Goldstone Commission in that scandalous incident. The Goldstone Commission was led by Richard Goldstone, who was a South African jurist. Israel faced a number of international tensions due to the extremely critical final report.
“I believe we did not play well with our cards however I do agree with Israel’s refusal to cooperate or assist in the hateful Goldstone witch-hunt. It’s not enough to simply not pay attention to the UNHRC and call them as racist and sexist. The government needed to support its decision with a well-organized campaign to disseminate and counterattack the antisemitic UNHRC. We can speak up and take legal action in cases when the government’s hands could be tied,” she said.
Darshan Leitner is hoping to fill the gap. She outlines the state of affairs and states that the PA’s goal was to influence The Hague Chief Prosecutor. “If I am able to tear down the basis of The Hague’s commission, and demonstrate how erroneous it is and demonstrate that apartheid is an untruth It will show that the commission lacks any significance.”
“If we don’t take this step and the consequences could be devastating. The prosecutor might be attracted by the possibility of changing his mind. This will be a tragic and significant loss. We cannot let this happen.”