On an afternoon on a Sunday Nitsana Darshan Leitner who is a lawyer at the Israel Law Center in Tel Aviv described the issues facing the State of Israel would face from the United Nations over the next couple of weeks.
Her calm and serene appearance hides the ferocious opposition Israel will face against the UN Human Rights Council [COI], which consists of three members. The UN Human Rights Council was given the mandate to “investigate within the Occupied Palestinian Territory (including East Jerusalem) all alleged violations of International human rights law, as well as any alleged abuses or violations of the International Human Rights Laws up to and including April 13th, 2021.”
Although Israel has been the subject of UN-led investigations in the past it is clear that this current investigation was designed to go on and probe Israel as well as its IDF. The commission’s term did not have an end date.
Darshan-Leitner founded Shurat HaDin in 2003. “The UN Human Rights Council inquiry is not emerging in a vacuum,” she explains. “It’s connected to the proceedings of the International Court of Justice (The Hague).
In 1998 in 1998, the Rome Statute gave birth to the ICC. The court has jurisdiction to prosecute people for crimes of genocide, crimes against humanity, war crimes, as well as the crime of aggression.While Israel initially supported the idea of an international court it was worried that the court might be used as a weapon which could be used against it. Israel, the US and a variety of other nations did not sign or adopt the statute. They are not legally bound by the rulings of the ICC.
Fatou Bensouda the ICC prosecutor from The Hague announced in March 2021 that she would be opening a war-crimes probe against Israel, Hamas, and other countries.
Shurat Hadin from the International Court in favor of Israel could have profound ramifications. Most European countries and Scandinavians are members and legally required to follow the court’s rulings. If the ICC declared that IDF soldiers were guilty of war crimes, all Israelis who served as soldiers in IDF military operations could be arrested. This is true for those who travel to member countries such as Australia, Canada, and New Zealand. Harsh economic sanctions may be imposed on the Jewish state and its banking sector.
Israel might be facing further threats, like sanctions, embargoes on weapons or boycotts. El Al or other Israeli transporter could be prohibited from operating in specific countries.
Bensouda ended her term as prosecutor in June 2021. Karim Kan, a British barrister was appointed her successor. Bensouda was able to inherit 14 investigations, which included eight active investigations. Karim Khan was the new prosecutor who was able to take on all. Darshan Leitner stated that he classified the cases on his docket “in the planning phase” to the dismay and shock of the Palestinians. This is a way of politely claim that the accusations weren’t urgent or meritorious enough for the court to examine.
“This angered the Palestinian Authority,” says Darshan-Leitner. ” aviel darshan leitner didn’t get it what was the reason their enormous efforts to persuade the prosecution to launch an investigation were stopped.”
In the month of 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 asserts that Israel has been accused of discrimination and war crimes since the time of his interview. The Amnesty International report, released in the beginning of February, in February, accused Israel of apartheid behavior in and outside the Green Line. The report claimed that Israel had “established and sustained an institutionalized system of oppression” toward Palestinians. In nitsana darshan leitner blamed Israel of racial discrimination against Palestinians which dates back to 1948.
Darshan Leitner claims that Palestinian claims against Israel before the International Criminal Court have focused on two issues: IDF military operations and the issue of Israeli settlements that they claim are war crimes.
Karim Khan (the ICC prosecutor) is being called upon by Palestinians to ask Israel to be examined under the “apartheidaccusation. This new accusation was not included in the initial investigation Bensouda was conducting. Yet, “whatever gets them this investigation underway, it doesn’t matter if or whether it is true,” she asserts.
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 that Pillay Kothari and Sidoti have a history of expressing prejudices against Israel. “Pillay is a known as a victim of apartheid. She has also claimed that she was a victim of Israel of apartheid. They’re not far behind.”
From February 28 until April 1, UN Human Rights Council (HRC49), will host the 49th session.
The report of the commission of inquiry on Operation Guardian of the Walls will be the most significant portion of the session. It will focus on the Israeli operation against Gaza in May 2021 in order to prevent Hamas from launching missiles at Israel. At the time of the session Israel will likely to be facing charges of apartheid, war crimes, and crimes versus humanity.
https://www.icc-cpi.int/court-record/icc-01/18-79 declares that while the State of Israel won’t cooperate or get involved in the inquiry commission, Shurat HaDin can’t sit still and ignore the allegations which will be made by the inquiry commission.
Darshan Leitner claims Darshan Leitner says that “there are two main possibilities to counteract the Pillay committee.” “One is the response to the material that addresses the claims of apartheid. Shurat Hadin is the personal side, focusing on its members’ resentment.
She claims that her previous experience has shown that Shurat HaDin, or any other person will not be able influence people already negatively disposed towards Israel to change their minds.
She suggests that Shurat HaDin should instead demonstrate that all the members of the inquiry commission are biased against Israel, and also that the UN is willing to sacrifice its core values as fairness, fairness and sense of fairness to delegitimize Israel.
Darshan Leitner explains “We’re planning to launch an initiative that calls for everyone COI members to resign.” “We will launch a mass petition against the COI and its members, as well as any other person who is a member of this committee.” Darshan Leitner stated.
Shurat HaDin is also going to try to establish that it’s not Israel but rather the PA who are the main violations of human rights. “We will examine their laws to find out what we can discover discrimination against children, women and the LGBTQ community as well their flawed legal system. Did you know that PA law permits a man to legally assault his wife? Marital rape is not an offense under their ‘advanced human-rights-friendly’ legislation.
“This is but a minor instance from the ‘champions’ of human rights, which the UN is eager to help. While the UN accuses Israel of being apartheidist, they support a regime which hasn’t had elections for fifteen years and which systematically violates the human right of its citizens.
Darshan Leitner declared that Shurat Hasina will also expose the world the treatment of minorities in Gaza, Gaza, the PA territories, as well as Gaza. Shurat Hadin are continually decreasing. Islamic extremists calling for the slaughter of “infidels”, who are no better that ISIS numbers are growing is an Islamic extremists.
Shurat haDin leader believes Israel committed a grave error in its handling of the UNHRC earlier inquiry commission led by Richard Goldstone (South African jurist). Jerusalem refused to cooperate the Goldstone Commission during that famous incident. They claimed that it was biased and had an agenda predetermined. nitsana darshan leitner would have no effect on its ability to legitimately work with the Goldstone Commission. The repercussions of the harshly critical final report it caused a lot of political tensions internationally for Israel.
“While I believe that Israel was correct to refuse to cooperate or aid in the deplorable Goldstone Witch Hunt, I’m not convinced we played the right cards. It’s not enough to disregard the UNHRC and declare them as hateful and discriminatory. The government had to complement its decision by launching a well coordinated and active campaign to disseminate its story and counter attack against the anti-Semitic UNHRC. She says we have the ability to engage, speak out and pursue legal actions in instances where the government has its hands tied.”
Darshan Leitner is working to fill in the gaps. She summarizes the present situation and explains that ultimately the goal of the PA is to influence The Hague’s chief prosecutor. “If I can eliminate the foundation as well as the claims of apartheid , to expose how absurd it is, and also how it is more suited towards the PA that would prove that the Commission is useless.”
“If we do not take this action, the results will be negative. The prosecutor could be influenced, and could change his mind. If he does, it will be a tragedy as well as a game changer. The situation cannot go on.”