INTERVIEW – Political convenience still overshadowing international law in efforts to punish Israel: UN rapporteur Albanese

By Beyza Binnur Donmez

GENEVA (AA) – Despite historic steps such as the International Criminal Court (ICC) warrants, political convenience continues to overshadow and nullify the force of international law when it comes to holding Israel accountable, says UN special rapporteur Francesca Albanese.

“I do believe that the ICC arrest warrants constitute a historical decision. It is the first time that (these are against) leaders who are considered Western, because Israel is part of the Western bloc … It is important to advance the application of international law, especially when there are atrocity crimes,” Albanese said in an interview with Anadolu.

However, she continued, a number of countries, such as Hungary, Italy and France, have come up with excuses or said they will not execute the arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.

“Some say they have to interpret what the ICC arrest warrants mean. There is nothing to interpret. There is an order from the highest criminal judicial organ in the world that needs to be executed,” she said.

All states party to the Rome Statute “must arrest anyone has received an arrest warrant by the ICC,” she emphasized, rejecting France’s recent claim of Netanyahu enjoying immunity from the warrants as Israel is “not a party to the ICC.”

“This explains that political convenience continues to overshadow the force, the strength of international law. This is a way to destroy, invalidate, and nullify the protection function that international law offers,” she added.

Albanese called out the global community for failing to act despite mounting evidence of Israel’s direct intent to destroy Palestinians as a group, which formed the basis of the conclusions of her recent report, Genocide as Colonial Erasure, presented to the UN General Assembly.

“The evidence of direct intent has become more and more available, more and more ostentatious, because it’s clear that Israel has destroyed Gaza and is destroying the life of Palestinians in Gaza, also as part of its decades-long effort to eliminate Palestinian life, Palestinian identity, from what remains of Palestine,” she said.

- Genocide terminology ‘faces less hostility’

On the significance of labeling Israel’s actions as genocide, Albanese stressed that Palestinians could never be “protected effectively if the serious threats they are facing at the hands of Israel are not understood.”

In Gaza, Israel has now killed or wounded nearly 150,000 Palestinians, most of them women and children, since the Oct. 7, 2023 Hamas attacks, while a crippling siege on food, water, fuel and all humanitarian essentials has left more than 2 million more facing death and starvation.

“There should be accountability for acts of genocide because the intent to destroy, the determination and the mindset to destroy, is fully evident,” said Albanese.

“It’s about calling a spade a spade. If you go to a doctor and you are diagnosed with the wrong problem, then the wrong cure will likely be recommended.”

Among some small steps of progress, according to the rapporteur, is the fact that “the use of genocide-related terminology now faces less hostility than before.”

Part of the objectives of her investigations and reports was “to offer the opportunity for people to understand what genocide is,” she said.

“Clearly, we are still very confused, no matter how many genocides have been committed, so it served an educational purpose, while also reminding member states of their responsibilities,” said Albanese.

“I do see that even in the language of the ICC arrest warrants issued, in particular to Israeli leaders, there is a reference to creating conditions calculated to destroy the group or to cause starvation or death, so this is language that resonates with the genocide analysis.”

The unfortunate reality, however, is that “member states in the West are not acting accordingly,” she said, while most political figures in the UN will also “refrain from using this term” of genocide.

“I don’t dispute what they say and the validity of what they say. I’m just saying that there is enough investigation … We cannot wait for a genocide to be completed before acting,” said the rapporteur.

“When it comes to Israel, there is, including in the UN, reluctance to treat Israel for what it does, for the actual acts and conduct it maintains, especially vis-a-vis the Palestinians, but also vis-a-vis the Lebanese.”

On the other hand, she added, there are also member states such as South Africa and the others who joined its genocide case against Israel at the International Court of Justice. “So, things are moving, but very slowly,” said the expert.

- ‘New US administration looks as pro-Israel as ever’

Turning to international dynamics, Albanese expressed pessimism about how Donald Trump’s imminent second term as US president would impact global efforts to reign in Israel and hold its leaders to account.

“The new US administration looks as pro-Israel as ever, so chances are the situation will continue to worsen … It leaves little room to hope for a betterment,” said the rapporteur.

“I do hope that there will be a step back from the close alliance with the US by many countries, particularly Western countries, who have already shown they have very limited interest to respect international law.”

That, she added, remains an unlikely prospect as it “means the dissolution of the order we have had from post-World War II until now.”

Turning to the recent cease-fire between Israel and Lebanon, Albanese dismissed its potential to translate into a truce in Gaza, a claim pushed by countries such as the US.

“I do not think that the cease-fire in Lebanon will have any impact on the cease-fire in Gaza,” she said.

“Israel had its own concerns and reasons to enter a cease-fire with Lebanon, while there is no pressure – from inside and outside – that is significant enough to force Israel to stop its assault on Gaza.”

Given the “unbelievable and unacceptable” living conditions for Palestinians in Gaza, it is up to all “ordinary citizens from everywhere to mobilize to make sure that our policymakers abide by international law and suspend their ties with Israel – military, strategic, economic, political,” she asserted.

“This is the time to think of sanctions and this is the time to treat Israel as a state that is committing international crimes.”