Nitsana Dahan-Leitner who works in the Tel Aviv offices of Shurat HaDin Israel Law Center discusses the issues Israel will face in the United Nations in coming weeks.
Her serene, calm attitude is in stark contrast to the strong opposition 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 human rights law and all alleged violations and abuses of international human rights law up to and since April 13, 2021.”
Although Israel has faced an aggressive UN investigation in recent times however, the major difference is that the current UN inquiry was established as a permanent investigation to probe Israel’s IDF. Shurat Hadin The commission’s term did not have an end date.
Darshan-Leitner is the founder of Shurat HaDin, explained that “the UN Human Rights Council Investigation is not a blip in out of thin air”. It has to do with the work of the International Court of Justice at The Hague.
The Rome Statute, which established the ICC in 1998, created it. The court has the authority to prosecute individuals for crimes such as genocide and crimes against humanity. Israel as well as the US and a host of other nations haven’t signed the statute nor ratified it. That means they do not have a legal obligation or obligation to adhere to the decisions of the ICC.
In March 2021, Fatou Bensouda, the ICC prosecutor at The Hague, announced that she was going to open an investigation into war crimes against Israel as well as Hamas.
https://www.owler.com/company/israellawcenter A decision by the International Court against Israel could have significant ramifications. The majority of European countries as well as Scandinavians are members and are legally bound to respect the court’s decisions. Any Israeli soldier serving in IDF missions that were involving violations of the law could be held responsible if the ICC determines that they violated the law. Harsh economic sanctions may be imposed on the Jewish state, as well as the banking industry.
Israel could be a target for sanctions, embargoes on weapons as well as boycotts. For instance, El Al or other Israeli carriers may not be permitted to operate in certain countries.
Bensouda was appointed prosecutor in June 2021. Karim Kan, a British barrister, was chosen as her successor. Bensouda inherited 14 investigations which included eight active investigations. The new prosecutor was able to take on all. To the dismay of the Palestinians Darshan-Leitner explains, his office classified the matters that were on the docket of his court as “in the planning stage” – an informal way of saying that the cases did not have the merit or urgency warranting the court’s attention.
Darshan Leitner states that “this upset the Palestinian Authority.” “They were unable to understand what was the reason their enormous efforts to get the prosecution to open an investigation were blocked.”
In September 2021 In September 2021, the PA demanded the establishment of a commission at the International Court of Justice to influence Karim Khan to reconsider his position and to reopen the ICC’s probe against Israel.
Darshan Leitner says that the PA continues to charge Israel for apartheid and war crimes ever since then. The Amnesty International report, released in February, in February, accused Israel of apartheid behavior both within and beyond the Green Line. The report stated that Israel “has created an institutionalized regime oppression of Palestinians” and also the report accused Israel in its racial division since 1948.
Darshan Leitner explains that the Palestinian claims to Israel at 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, the ICC prosecutor is pressured by Palestinians to prioritize Israel’s investigation under the “apartheid” claim. This new claim was not investigated in the preliminary investigation Bensouda initiated. They believe “whatever gets these investigations going legitimate, and it isn’t crucial which one it is, or whether it is true,” she states.
KARIM KHAN, new ICC prosecutor. (Credit: Michael Kooren/Reuters)
The United Nations’ third-member inquiry commission, which is headed by Navi Pillay, a native of South Africa and includes Miloon Kothari, Australia, as well as Chris Sidoti, is the latest effort by Palestinians to convince The Hague court.
https://www.nytimes.com/2015/01/24/world/middleeast/crusading-for-israel-in-a-way-some-say-is-misguided.html According to Darshan-Leitner Pillay, Kothari and Sidoti are well-known for their biases towards Israel.”All three have a proven history of actions and statements about the same subjects they are required to investigate and investigate,'” she says. “Pillay has also accused Israel of apartheid and was the driving of the antisemitic Durban conferences. The rest of the group is not far behind.”
The 49TH session of the UN Human Rights Council (HRC49) will be held at its office in Geneva from February 28 until April 1.
The session’s main draw will be likely to be the final report of the inquiry commission regarding Operation Guardian of the Walls. It refers 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, and crimes against humanity during this session.
Darshan Leitner said that the State of Israel would not collaborate or join the inquiry commission. Shurat HaDin, however is unable to afford to ignore the accusations likely to be made by the inquiry commission.
Darshan Leitner states that there are two possible strategies to fight the Pillay commission. The first is the substantive one, which addresses the allegations of apartheid. Another is the personal angle , focussing on the lack of the impartiality of its members.”
She stated that her previous events have proven that Shurat HaiDin or anyone else will be unable to persuade people who have a negative inclination towards Israel to alter their views.
She proposes that Shurat HaDin could instead prove that all members of the commission of inquiry are biased towards Israel and that the UN is prepared to sacrifice its fundamental values, fairness, and sense of fairness in order to undermine the legitimacy of Israel.
Darshan Leitner: “We are going to start a campaign which demands the resignation of all COI member.” “We will create mass petitions against the COI and its members and any other person who assists this committee,” Darshan-Leitner added.
Shurat haDin will also attempt to demonstrate that the PA as opposed to 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 flawed legal system. Do you know that under PA law it is legal to legally rape his 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 rights that they are keen to help. They claim Israel as a true democracy, of apartheid. they advocate a dictatorship that has not had elections for 15 years and which systematically abuses human rights of its citizens.”
Darshan Leitner declared that Shurat Hasina is also going to expose the world to the inhumane treatment of minorities in Gaza, Gaza, the PA territories, and Gaza. Israel Law Center The number of Christians is decreasing continuously. They are increasing.
The Shurat HaDin leader believes that Israel has made a lot of mistakes when it dealt with the previous UNHRC commission of inquiry, which was headed by South African jurist Richard Goldstone in 2009. Jerusalem did not want to cooperate with the Goldstone Commission after it found out that it was biased in its agenda. Israel was subject to numerous tensions following the harshly criticized final report.
“While Israel did the right thing in refusing to assist or participate in the vile witch-hunt based on Goldstone, I do not believe that we played our cards properly. It’s not enough to simply avoid the UNHRC and call them biased or hateful. The government must support its decision with an organized campaign to deter and disseminate the anti-Semitic UNHRC. We can be vocal and use legal recourse in situations where the government’s hands may be tied,” she said.
https://www.hadassahmagazine.org/2015/06/18/nitsana-darshan-leitner/ Darshan Leitner is determined to fill the void. She summarises the present situation, and states that the PA’s ultimate goal 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 demonstrate that apartheid is an untruth and prove that The Hague’s commission has no value.”
“If this isn’t done the way it should, it will lead to bad outcomes. The prosecutor may be influenced and change his mind. It could be a disaster for the prosecution as well as could be a significant game changer. It’s not possible to do this.