Jihad Watch : The UN Human Rights Council has added another arrow in its
anti-Israel quiver. It is already committed, by its Agenda Item #7, to
consider at every session the “human rights situation in Palestine and
other occupied Arab territories.” Now it has established a Commission of
Inquiry (COI), to engage in an open-ended probe into Israeli “war
crimes”; the three-man commission is to be headed by the notoriously
anti-Israel Navi Pillay, who once accused Israel of deliberately mowing
down Palestinian children; it will have a staff of 24 to investigate the
putative misdeeds of the tiny Jewish state, larger than the number of
staffers – 20 – that the UNHRC now assigns to cover all of Asia,
Pacific, and the Middle East. “Let’s resolve to abolish the UN Human
Rights Council,” by Melanie Phillips, Israel Hayom, December 31, 2021:
The UNHRC vote [authorizing the formation of the
COI] took place within weeks of a report by the Human Rights Watch NGO
which accused Israel of “apartheid.”
This accusation is of course ludicrous. Israeli Arabs
demonstrably enjoy equal civic and religious rights, while the Arabs
living in the disputed territories aren’t Israeli citizens at all. Those
who accuse Israel of apartheid not only defame Israel but belittle the
real evil of apartheid in South Africa.
Yet with the three members of the commission each having a
record of extreme hostility towards Israel, there are plausible fears
that the inquiry is a stitch-up designed to produce a kind of Human
Rights Watch report on steroids – and with the imprimatur of the UN.
Moreover, the commission has no expiry date but is to issue
reports in perpetuity. In other words, it’s an institutionalized engine
of demonization and delegitimization of Israel.
This three-man commission, all of them known to be hostile to the
Jewish state – with a staff of 24 – is meant to issue quarterly reports
on the “human rights” and “war crimes” situation in Israel, the West
Bank, and Gaza, not merely for a year or two, but presumably forever,
for nothing was said either by the UNHRC or by the General Assembly,
which authorized the financing of the COI, about its ever coming to an
end. It’s an open-ended probe of “war crimes” supposedly committed by
those endlessly wicked Israelis.
There are particular fears that the inquiry’s criminal
charge sheet may result in Israelis being hauled before the
International Criminal Court (ICC), which has previously displayed bias
against Israel. However, the ICC’s new prosecutor, the British
lawyer Karim Khan QC, may not be the pushover [by the anti-Israeli
crowd] that might be assumed from the court’s previous record.
At his first news conference in The Hague earlier this month,
he said he would be reviewing his over-heavy caseload – which currently
includes a deeply contentious investigation into accusations against
Israel made by the “State of Palestine.”
Karim
Khan, QC, the new prosecutor at the International Criminal Court,
sounds as though he thinks the ICC’s docket has been overburdened with
cases, and that he will therefore be decreasing his caseload, pruning it
of the least meritorious and least convincing cases of putative
misdeeds. He has still not endorse the charges brought against Israel by
the “State of Palestine,” as he might have — a good sign. More
importantly, he added that he would only proceed in cases that had a
“realistic prospect of conviction.” Another good sign.
So even if the Pillay commission’s toxic ball
lands at Khan’s feet, it doesn’t follow that he will necessarily pick it
up and run with it.
Karim Khan’s remarks about are evidence that he is not to be counted
as automatically anti-Israel. The Palestinians who have been overloaded
the ICC docket with accusations against Israel, will no doubt assume
that a prosecutor named Karim Khan will be on their side; I suspect from
his statement that they will be most disappointed.
Nevertheless, the real menace of this inquiry
lies in its potential to demonize Israel in the eyes of the world
regardless of any court proceedings. Such delegitimization not only
makes people indifferent to attempts by Israel’s enemies to wage war
against it, but also causes leading nations to seek to thwart its
attempts at self-defense.
The UNHRC’s decision to establish this permanent Commission of
Inquiry to look into misdeeds, including “war crimes,“ of Israel alone,
coming on top of the Agenda Item #7 that commits the UN Human Rights
Council, at every session, to report on the “human rights situation in
Palestine and other occupied Arab territories,” the world’s unwary —
which is most of us — are likely to assume that there must surely be
something terribly wrong with Israel, for so many investigations to be
interminably launched into its conduct. This is what the author, Melanie
Phillips, means by the potential of the COI to “demonize” Israel in the
eyes of the world. Even If the ICC’s prosecutor, Karim Khan, decides
not to bring charges against Israel before the International Criminal
Court because of a lack of convincing evidence, the damage to Israel’s
image will still have been done. The Jewish state’s enemies – especially
the terror groups Hamas, PIJ, and Hezbollah — will be heartened, and
“leading nations” may try to dissuade Israel from its perfectly
legitimate attempts at self-defense. Because the terror groups
deliberately hide themselves, their weapons, and their rocket launchers
in civilian buildings – schools, hospitals, apartment buildings, it is
not possible for the IDF to avoid all civilian casualties, though it
makes heroic efforts to minimize them. And because of those unavoidable
civilian casualties, there are countries that try to prevent Israel from
defending itself. They demand of the Jewish state an impossible purity
of arms that they demand of no other country, including themselves.
Accordingly, the Pillay inquiry constitutes an
existential attack against Israel – the latest product of an obscene and
exterminatory UNHRC obsession.
The council and its predecessor body the Commission on Human
Rights – whose members have included such human rights abusers as Saudi
Arabia, China, Cuba, Pakistan and Russia – have passed more resolutions
condemning Israel than every other country in the world combined, while
adopting no resolutions on human rights abuses committed in China, Cuba
and Russia….
This
obsessive focus by the UN Council on Human Rights on Israel as a
“violator” of human rights is accompanied by an equally disturbing
unconcern with such abusers of human rights as Saudi Arabia, China,
Cuba, North Korea, Pakistan, Iran, Turkey, and Russia.
These visionaries failed to grasp that, since the
world was dominated by states and regimes that were both repressive and
deeply imbued with Jew-hatred and hostility to Israel, any world body
or supra-national system of law would itself become an accomplice to
tyranny and antisemitism.
I’m not sure that Melanie Phillips is correct in stating that the
world has been dominated by states that are “deeply imbued with
Jew-hatred and hostility to Israel”; this strikes me as a more recent
phenomenon, one that is linked to two things: the vast increase in
wealth and political influence of the Sunni Arab states of the Gulf, and
the enormous increase in the Muslim population in Europe and North
America, which has spread antisemitic and anti-Israel views.
That’s why “lawfare,” or the weaponization of
international law to wage war with better PR, has become a prime weapon
against Israel, singling out the Jewish people alone for such unhinged
attack….
Along with terror attacks on Israeli Jews, and the attacks on
Israel’s economic wellbeing promoted by the army of BDSers, the
Palestinians have used the UN to attack Israel as a “violator of human
rights” when, at every session of the UN Human Rights Council, Agenda
Item #7 is brought up. Now they will have still another lawfare weapon,
that to be found in the open-ended investigation of “Israeli war crimes”
that will be conducted by the UNHRC Commission of Inquiry.
If the decent nations of the world, led by the United States, and
including most European nations, as well as Canada and Australia, were
to halt their funding of the UN unless and until the UNHRC were shut
down as “a malignant promoter of antisemitism in its singling out of
Israel for criticism,” it just might come to pass. The US alone provides
more than $11 billion a year to the UN, between one-fifth and
one-quarter of the UN’s total budget. China, with an economy close in
size to that of the US, contributes far less – only $1.7 billion a year.
America’s withdrawal of its support to the UN would require the
organization to pull in its horns. If in addition, the other Western
nations were to join the US in withholding funds, this would amount to a
70% decrease in the organization’s budget. This would cripple the UN.
Or, if a wholesale shutting-down of the UN Human Rights Council seems
inadvisable to some of its critics, then another tack might be taken. In
order for the UN to retain the financial support of the US and its
allies, the Human Rights Council could continue to exist, but would be
required to get rid of both Agenda Item #7 (that requires the UNHRC to
take up Israeli “violations of the human rights of Palestinians” at
every session) and of the newly-formed Commission of Inquiry, with its
open-ended investigation of Israeli “war crimes.”
Sounds like a plan.