In the Tel Aviv offices of Shurat HaDin – Israel Law Center on a warm Sunday afternoon, Nitsana Darshan-Leitner discusses the challenges the State of Israel will be facing in the United Nations in the coming weeks.
Her serene and calm appearance is in stark contrast to the ferocious opposition Israel is facing in the UN Human Rights Council (COI) and the three-member Commission of Inquiry [COI] that was appointed by the UN to investigate “in the Occupied Palestinian Territory including East Jerusalem all alleged violations of international humanitarian laws as well as all alleged abuses of international human rights laws from April 13 to April 13th 2021.”
Although Israel has faced aggressive UN investigation in recent times however, the major difference is that the current UN investigation was created as a permanent probe to examine Israel’s IDF. The commission’s term was not decided.
Darshan-Leitner , the founder of Shurat HaDin 2003, explains that “the UN Human Rights Council investigation doesn’t come out of thin air.” ” nitsana darshan leitner ‘s linked to the ongoing instances of the International Court of Justice (The Hague).
The ICC was established by the Rome Statute in 1998, which created the court. The court is empowered by the Rome Statute to prosecute people who have been found guilty of genocide, crimes against humanity or crimes against humanity as well as the crime of aggression. Israel initially supported the creation of an international court. But there was concern that the court could be applied against Israel. Israel and the US and a variety of other nations did not sign or ratify the statute. Therefore, they aren’t legally bound by the rulings of ICC.
In March 2021, Fatou Bensouda, the ICC prosecutor in The Hague, announced that she was planning to launch an investigation into war crimes against Israel and Hamas.
A International Court decision against Israel could have significant implications. The majority of European and Scandinavian nations are members of the court and legally are obligated to follow its rulings. Any Israeli soldier who took part in IDF military missions and traveled to countries that are members of the court, like Canada, Australia, or New Zealand, could be taken into custody if ICC ruled that IDF soldiers were committed war crimes. Economic sanctions could be severe and placed on the Jewish State as well as the banking industry.
Furthermore, Israel might also face additional risks, such as sanctions, embargoes on weapons and boycotts. El Al or other Israeli airlines could not be allowed in certain countries.
Bensouda’s term as prosecutor ended in June 2021. she was replaced by British barrister Karim Khan. Bensouda’s fourteen investigations, eight of which were active, were passed on to the new prosecutor. Darshan Leitner said that he classified the items on his docket “in the planning stage” to the shock and dismay of the Palestinians. This is a polite way to declare that the allegations weren’t urgent or meritorious enough for the court to take into consideration.
Darshan Leitner claims that “this upset the Palestinian Authority.” “They were unable to comprehend the reasons behind their incredible efforts to get to the prosecutor in order to initiate an probe have been blocked,” Darshan-Leitner said.
The PA demanded the creation of a commission at the International Court of Justice in September 2021. This was in order to boost Karim Khan’s decision to change his mind about the ICC’s investigation into Israel.
Darshan Leitner says that the PA continues to charge Israel for war crimes and apartheid since the beginning of time. The Amnesty International report, released in February in February, in February, accused Israel of discrimination in and outside the Green Line. The report stated that Israel “has created an oppressive regime that is institutionalized Palestinians” and further the report accused Israel in racial separation since 1948.
Darshan Leitner claims that Palestinian allegations against Israel at the International Criminal Court are focused on two areas. The IDF military operations and the issue of Israeli settlements. Both of these, they say, are war crimes.
The Palestinians are urging Karim Khan who is the head of the ICC prosecution, to focus on the probe into Israel under the “apartheid” accusation. This is a fresh claim that was not even part of the initial investigation Bensouda conducted. However, she stated, “Whatever gets this investigation moving is legitimate according to their perspective, regardless of the nature or whether it’s true.”
KARIM KHAN, new ICC prosecutor. (Credit: Michael Kooren/Reuters)
The latest effort by the Palestinians to convince the court at The Hague is the UN’s three-member inquiry committee, headed by Navi Pillay from South Africa, and which comprises Miloon Kothari (India) and Chris Sidoti (Australia).
Darshan Leitner says Darshan Leitner states that Pillay Kothari, Sidoti, and Kothari have a history of biases in favor of Israel. “Pillay herself has been accused of apartheid in Israel and was the genesis behind the antisemitic Durban conference. “The others are following their footsteps.”
From February 28th until April 1, the UN Human Rights Council will have its 49th session (HRC49).
The main attraction of the session is likely to be the report the commission of inquiry will present regarding Operation Guardian of the Walls. This was the Israeli operation that took place in Gaza in May 2021 as an answer to the missiles launched towards Israel by Hamas. At the time of the session Israel will likely to be facing charges of apartheidand war crimes, as well as crimes against humanity.
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 this inquiry.
https://jbstv.org/lchayim-nitsana-leitner/ declares that there are two possible strategies to fight the Pillay Commission. One is the factual one, which rebuts the allegations of apartheid. Another is the personal angle that focuses on members’ lack impartiality.
She says that her previous experiences indicate that ShurathaDin as well as others will not be able convince people who are already negative about Israel.
Shurat HaDin She suggests plans to show that all members on the commission of inquiry are biased against Israel and that UN will to sacrifice its fundamental principles and any sense of fairness to undermine Israel.
Darshan Leitner states, “We are going launch a campaign to call for the resignations from the entire COI.” COI members.” “We are planning to launch massive petitions and take legal actions against COI members and anyone who aids this committee,” Darshan Leitner states.
Shurat HaDin, on other hand, is going to try to demonstrate that the PA is the main violation of human rights. “We are going scan their laws and draw out what we have learned about the discrimination against women, children and those belonging to the LGBTQ community, and their flawed system of law. Are you aware that, according to PA law, one is allowed to legally rape his wife? Marital rape is not an offense under their ‘advanced human-rights-friendly’ legislation.
This is but one instance of the UN’s ‘champions for human rights who the UN will do everything to help. While accusing Israel of being apartheid , they encourage a tyranny that has not held elections for 15 year and that routinely violates the rights of its citizens.
Darshan Leitner stated that Shurat Hasina will also reveal to the world to the inhumane treatment of minorities in Gaza as well as Gaza, the PA territories, as well as Gaza. Their numbers are constantly decreasing. Islamic extremists who demand the massacre of ‘infidels’, who are no better that ISIS figures are growing, are an Islamic extremists.
The Shurat HaDin leader feels that Israel committed a number of serious mistakes in its handling of an earlier UNHRC inquiry commission led by South African jurist Richard Goldstone in 2009. Jerusalem was unable to work with the Goldstone Commission after it found out that it was biased in its agenda. Israel was a victim of international tensions as a result of the highly important final report.
“While nitsana darshan leitner agreed that Israel was in the right to refuse to facilitate or cooperate with the hateful Goldstone witch hunt, I don’t believe we did our job well. It doesn’t suffice to ignore UNHRC and call them prejudiced or a hater. The government must supplement its decision with a well-organized and proactive campaign to spread its own version of events and to defend itself against the antisemitic UNHRC.”This is where an NGO like Shurat HaDin can play such vital roles. She says that we can speak up, use legal recourses and take action in cases where the government is in the middle.”
Darshan Leitner is working to fill in the gaps. She outlines the current state of affairs and states that, in the end, the PA’s goal is to influence The Hague’s chief prosecutor. To summarize, she said, “If I can remove the bases of the commission to show how erroneous it is, and how apartheid’s claims are false and how it’s better suited for the Hague’s chief prosecutor It will prove that it lacks value.”
“If https://m.youtube.com/c/ShuratHaDinIsraelLawCenter don’t do this and the result is poor. The prosecutor could be affected by the prospect of changing his decision. This could be a devastating and catastrophic development. The situation cannot go on.”