Francesca Albanze, UN Human Rights Rapporteur in Palestine, in an interview with the Spanish newspaper "El Pais", in response to whether Israel is committing genocide in Gaza, said: “It is very likely that genocide is taking place in Gaza”. I strongly support and welcome South Africa’s decision to ask for preventive measures [before the ICJ], because I do think that it’s highly possible that there is a genocide unfolding
She emphasized: “A genocide is the destruction of a people totally or in part through various acts of killing, infliction of severe mental or physical pain and the creation of conditions that make life impossible. Look at the results of three months of heavy bombardment. Prohibited weapons have been used against a population that lives trapped in 365 square kilometers, where the population has received mass evacuation orders and where there are 1.9 million forcibly displaced people crammed into the south of the Gaza Strip being bombed while we speak; 24,000 people have already been confirmed dead, between 7,000 and 9,000 missing and 10,000 kids killed. Seventy percent of the victims are women and children.
Stating that if Israel's actions are not genocide, then what are they?, the Rapporteur continued: These figures have no similarity with any of the current conflicts These figures are unparalleled, unmatched in any other of the current conflicts. Think of the Srebrenica genocide, where 8,000 people were killed. Think about the two-year war between Russia and Ukraine, in which probably less than 8,000 civilians have been killed. It is the monstrosity of our century. And many more people are going to die due to the lack of medical care for the 60,000 injured.
In response to the question that if South Africa’s lawsuit against Israel will succeed, she said: “There are many factors. I technically would say yes. As the South African team said, this is the first genocide in history which is being televised by the victims. The court will have to take its time to analyze the correlation between the genocidal intent, which South Africa has fully documented already, and the killing, the destruction, and the infliction of suffering. But then, of course, there are political factors.
I hope they will not influence the court. But, still, we are human beings and it affects us in the environment in which we live. The judges will not go to Gaza, they will not send investigators. And the narrative that continues to be spread and amplified in the West is that this is self-defense.
Regarding the right to Self-defense for Israel, she stated: “Self-defense is something else, which does not mean that Israel does not have the right to defend itself. This is the tricky part that many people struggle to understand, because the concept of self-defense in international law is very specific. Israel had the right on October 7 to neutralize and repel the attack, to restore law and order, and also to take measures to enforce law and order in Gaza. The right to self-defense that Israel has invoked under article 61 of the U.N. Charter is the right to wage a war, the right to use military force, which, based on ICJ jurisprudence, doesn’t exist. Even if the right to self-defense existed, there would still be rules. But there are so many violations that you can’t disentangle one from the other.
She added: “Israel knows that if it uses almost one-ton bombs in densely populated areas without warning, it’s going to cause an extermination. Israel knows that by prohibiting the entry of water, food, medications and fuel, the population is going to starve. A thousand children have been amputated without anesthesia. The principle of proportionality, of precautions, of protecting civilians... Israel has bombed hospitals. And this is why it’s essential to examine the overall context that was supported by this genocidal fury. Genocidal statements by political and military leaders, like the Palestinians are inhuman animals, or the biblical concept of Amalek, which alludes to the destruction of everything, including women and children; it’s an inferno and it’s crazy that we can’t stop it.
In response to the question on how a ceasefire can be achieved regarding that Netanyahu has stated that he would not stop until the hostages are freed and Hamas has been annihilated, the UN expert stated: “I’m very worried for the hostages. They cannot be safe in a place that is being bombed. There are hostages who have been shot [by Israeli troops] because they thought they were Palestinians, despite the fact that they were waving a white flag.” Western countries are still in the state of mind of condemnation or calling for restraint, of calling for respect for international law. But international law was not respected even before this war. So for Western governments, including Spain, it’s time for action.
She added: “This is what a progressive leadership does: having the courage, as South Africa has done. What I am saying should not be read as something detrimental to Israelis. I think we need compassion towards both peoples. Regarding the countries that continue to sell weapons to Israel, in my opinion, this is complicity with a government that is committing crimes. The message that Western countries are sending to Israel is that it can continue. And the message that the world is sending to the Palestinians is that you can continue to die.
Regarding the question on that if the international legal system is in danger, Albanze answered: “International legal system is in danger, because international law is only as strong as the will of states to enforce it.
On the issue of being accused of anti-Semitism and opposing the Israeli Regime, the UN expert noted: “Everyone who dares to criticize Israel faces accusations of antisemitism. It’s something I said after the 2008 war in Gaza.
I must carry out my work as a UN Special Rapporteur despite not being able to enter Palestine, because Israel prohibits it. I am trying and it is not easy because Israel interprets international law as it pleases.