Nitsana Dahan-Leitner, sitting in the Tel Aviv offices of Shurat HaDin Israel Law Center discusses the challenges Israel will face in the United Nations in coming weeks.


Her calm and serene manner conceals the fierce opposition Israel will face from the UN Human Rights Council [COIcomposed of three members. The UN Human Rights Council was assigned the responsibility to "investigate in the Occupied Palestinian Territory (including East Jerusalem) all allegations of violations of International human rights law, as well as all alleged violations or abuses of the International Human Rights Laws through April 13th, 2021."

Although Israel has been the subject of an aggressive UN investigations in the recent past, the main difference is that the current UN investigation was created as a continuous investigation to probe Israel's IDF. It was not given the date of expiration.

Darshan-Leitner founded Shurat HaDin in 2003. "The UN Human Rights Council inquiry isn't coming by itself," she explains. "It is in connection with the proceedings of the International Court of Justice in 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 and crimes against humanity war crimes and the crime of aggression.While Israel initially supported the idea of an international court, it was concerned that the court might become an instrument which could be used against it. Israel and the US, and many other nations have not signed or have the statute ratified. They aren't legally bound by the decisions of ICC.

Fatou Bensouda the ICC prosecutor from The Hague announced in March 2021 that she was initiating a war crime investigation against Israel, Hamas, and other nations.

A decision of the International Court against Israel may have a significant impact. A majority of European countries and Scandinavians are members of the court and are legally bound by the court's rulings. If the ICC declared that IDF troops had committed war crimes, then anyone Israeli working in an IDF military operations could be subject to an arrest. https://israeli-legal-studies.law.columbia.edu/ that are harsh could be leveled against the Jewish state and its banking sector.

aviel darshan leitner could also be subject to sanctions, embargoes on weapons as well as boycotts. El Al and other Israeli carriers may not be allowed to conduct business in some countries, for example.

https://twitter.com/shurathadin ended in June 2021 and her replacement was British barrister Karim Khan. https://www.international.ucla.edu/israel/article/201235 took over 14 investigations that were initiated by Bensouda and eight of them were active investigations. To the dismay of the Palestinians as explained by Darshan-Leitner the cases on his court's docket as "in the planning phase" - a polite way of saying that the claims lacked the urgency or merit to warrant the court's attention.

Darshan Leitner Darshan Leitner said "this upset the Palestinian Authority." "They didn't get it what was the reason their enormous efforts to persuade the prosecution to launch an investigation were stopped."

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 views and restart the ICC's investigation against Israel.

Darshan Leitner says that the PA continues to charge Israel for apartheid and war crimes since then. The Amnesty International report, released in February it in February, accused Israel of apartheid behavior within and beyond the Green Line. The report stated that Israel "has created an oppressive regime that is institutionalized Palestinians" and also accused Israel of racial segregation since 1948.

Darshan Leitner claims that the Palestinian claims against Israel have been centered on the International Criminal Court on two areas: IDF Military Operations and the issue Israeli Settlements. These are they claim to be war crimes.

Karim Khan (the ICC prosecutor) is currently being urged by Palestinians to ask Israel to be investigated under the "apartheid” charge. This new accusation was not included in the initial investigation Bensouda was conducting. But, "whatever gets this investigation running is legitimate for them, and it does not matter what it is, or even if it's factual," she says.

KARIM KHAN, new ICC prosecutor. (Credit: Michael Kooren/Reuters)
The latest attempt by the United Nations' Palestinians to convince the court at The Hague, is Navi Pillay, a trio of members UN commission of inquiry. It comprises Miloon (India) and Chris Sidoti from Australia.

Darshan Leitner declares that Pillay Kothari, Sidoti, and Kothari have a long history of biases in favor of Israel. "Pillay is known to be a as a victim of apartheid. She has also accused Israel of apartheid. "The others are following in their footsteps."

From February 28 through April 1st, the UN Human Rights Council's 49th session (HRC49), will take place in Geneva at its Geneva office.

The session's most significant 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 occurred in Gaza as a result of the Hamas missiles that were launched at Israel in May 2021. In the course of this meeting, Israel will likely be accused of war crimes and apartheid as well as violations against humanity.

Darshan Leitner stated that, while Israel will not cooperate with the commission of inquiry or become involved, Shurat haDin cannot ignore the allegations that are likely to be made from the commission.

Darshan Leitner says that there are two strategies to fight the Pillay Commission. "One is the real response to the allegations of apartheid. One is the response to material - answering the accusations of apartheid. The second is personal, and focuses upon the inimicality of its members.

She states that her past experiences show that ShurathaDin and others won't be able to convince those who already have a negative view of Israel.

Instead, she suggests Shurat HaDin intends to demonstrate that all committee of inquiry members have a bias toward Israel and that the UN is willing to sacrifice its core values and its sense of fairness to advance the cause of delegitimizing Israel.

Darshan Leitner: "We are going to start a campaign which demands that all COI members." "We are planning to launch massive petitions and to take legal actions against COI members as well as anyone who aids this committee," Darshan Leitner declares.

Shurat HaDin will also prove that the PA as opposed to Israel are the true violators of human freedoms. "We will be examining their laws and taking away what we know about the discrimination against women, children as well as the LGBTQ community as well as their ineffective legal system. Are you aware that, under PA law, one is allowed to legally rape one's wife? Marital rape is not an offense under their 'advanced human-rights-friendly' legislation.

" nitsana darshan leitner is but a minor illustration of the 'champions' of human rights that the UN would like to help. While they accuse Israel of apartheid, the United Nations promotes the rule of law with no elections in 15 years, and regularly violates its own human rights.

Darshan Leitner asserts that Shurat haDin will also show the world the way minorities are treated by the PA and Gaza. Their numbers are decreasing continuously. They are on the rise.

Shurat HaDin's chief believes Israel committed serious mistakes in its handling of the previous UNHRC inquiry commission in 2009, headed by Richard Goldstone, South African jurist. nitsana darshan leitner did not join in the scandalous incident in the Goldstone Commission. It claimed that it was a biased body that had a predetermined agenda and refused to legitimize its cooperation. But the final negative report caused great political tensions in Israel.

"While Israel did the right thing in refusing to assist or join in the hateful Goldstone-based witch hunt, I don't believe that we played our cards well. It's not enough to ignore the UNHRC or declare them racist and prejudiced. The government needs to complement its decision by launching an organized and proactive campaign to spread its own version of events, and combat the antisemitic UNHRC. We have the ability to speak out and utilize legal actions in instances in which the hands of the government are essentially tied," she says.

Darshan Leitner is working to fill the gap. She summarises the present situation and states that the main goal of the PA is to influence The Hague's chief prosecutor. To summarize, she said, "If I can remove the basis of the commission in order to expose how flawed it is, how apartheid's assertion is false and the reason it is better suited to The Hague's chief prosecutor It will prove that it lacks value."

"If we don't take this step, the consequences will be disastrous. The prosecutor may be influenced, and may reconsider his decision. It will be a tragedy and it could alter the process of justice. It cannot be allowed to occur."