Attorney Nitsana Darshan-Leitner, President of the 'Shurat HaDin' lawfare organization, told Arutz Sheva - Israel National News about the significant implications of a statement made by a former Israeli Chief of Staff and Defense Minister categorizing IDF actions as ethnic cleansing. She highlights a genuine threat not only to Netanyahu and Gallant but to all IDF soldiers and the state of Israel.
''This is dramatic and dangerous for IDF soldiers and the state of Israel. The statement that the IDF conducts ethnic cleansing in Gaza implies that the IDF is committing war crimes there,'' explains Darshan-Leitner, noting that ''The IDF faces trials at the International Criminal Court and the International Court of Justice, both in The Hague, both pursuing the state of Israel and the IDF for alleged genocide, war crimes, and crimes against humanity in Gaza.''
According to Darshan-Leitner, the IDF is close to facing judgment, although no concrete trial has commenced yet. Such a trial would start either by handing over Netanyahu and Gallant to the court or if a decision is made to hold a trial in their absence. ‘'The International Court of Justice hasn’t entered the process yet but has begun discussions, issuing warrants, though not delving into the matter fully.’'
''What these courts need to demonstrate IDF war crimes is evidence of intent. Until now, they've relied on populist statements from public figures, artists, politicians, and media personalities talking about flattening Gaza or withholding humanitarian aid, but now we have a former Chief of Defense making these claims more than a year later. It couldn't be a clearer signal against Gallant, Netanyahu, and the IDF,'' she elaborates, emphasizing this wasn't an offhand comment but rather a deliberate statement from a credible authority, repeated later on.
Darshan-Leitner further asserts, ‘'Ethnic cleansing is a part of genocide, conducted through expulsion or more violent methods like genocide, mass displacement, and starvation. This claim is perilous.’'
Attorney Darshan-Leitner underlines the overarching threat to every officer and soldier, explaining that ''The court won’t limit its warrants to Netanyahu and Gallant. It'll pursue the Chief of Staff, commanders, and soldiers. This is just the start of their probe and it's uncertain what warrants they have in store. This endangers IDF soldiers and the state as a whole. For instance, 600 artists recently urged a London museum to sever ties with Israeli artists because of alleged war crimes committed by Israel. Such demands seem daunting now that a former Defense Chief and Chief of Staff explicitly claims that Israel perpetrates war crimes and ethnic cleansing, logically inviting boycotts against Israel.'' She notes similar impacts on the Israeli academic, industrial, and military sectors.
Regarding the international reaction to the event, she stated, ‘'They’re capitalizing on this. Newspapers in the USA have yet to engage, while Arab media celebrates during our hours, Europe wakes up, and the USA follows. It'll be a spectacle. It's more than just fueling fires.''
Darshan-Leitner raises the legislation her organization advocates for, inspired by the US American Service-Members' Protection Act, granting the President authority to send troops to The Hague, seize control, and rescue personnel. This law also prohibits any American entity and many allies from cooperating with the court.
The law Shurat Hadin is attempting to introduce bars any Israeli citizen or organization from collaborating with The Hague court. If enacted, Yaalon would be unable to testify before the court when requested as part of its effort to gather forensic evidence against Israel.
At present, such legislation faces delays from unspecified political sources in Israel.
In response to what can be done against such phenomena without the law, Darshan-Leitner questions which category Yaalon's words might fall into to prevent them. Asked whether aiding the enemy during war could be considered such, she responds, '‘Perhaps. We're discussing it openly, but that's the direction.''