By Romana Rubeo 
In an exclusive interview with the FloodGate podcast, UN Special Rapporteur Francesca Albanese delivers searing insights on Gaza, Western complicity, and the crumbling global legal order.
Has international law collapsed in Gaza? What does American and Western complicity mean for Palestinians? And is the United Nations powerless in the face of genocide?
These and other crucial topics were discussed in a wide-ranging interview that Palestine Chronicle Editor Ramzy Baroud conducted on February 27 with Francesca Albanese, United Nations Special Rapporteur on the occupied Palestinian territories, for the FloodGate podcast.
Below are the eight key takeaways from the interview.
‘Most Blatant Injustice’
Francesca Albanese opens by reflecting on the longstanding nature of injustice faced by Palestinians.
She underscores the blatant and relentless denial of accountability and justice for Palestinians in the context of international law.
“Palestine has been the most blatant, the most flagrant, experiencing one day or one occasion of accountability. While many have endured injustices, Palestinians have always endured injustices.”
Albanese suggests that, for Palestinians, injustice is not only a continuous struggle but also a systemic one, perpetuated by a lack of meaningful intervention or consequences for those responsible for their suffering.
This ongoing impunity has contributed to the situation growing worse over time, and it persists largely because of the global silence and complicity surrounding Palestinian suffering.
Enabling Genocide
The conversation then shifts to the genocide perpetrated in Gaza, which is now “leaking out” into the occupied West Bank.
Albanese points to the role of international powers, particularly Western nations, in enabling Israel’s actions through unchecked political, military, and financial support.
“The situation has become so serious, leading people like me to argue that Israel has committed genocide in Gaza. Now that the genocide is leaking out into the rest of the occupied Palestinian territory, it has happened due to the impunity that Israel has been granted by whom? By the rest of the world, primarily the West. There is no question about that”.
Albanese says that the situation is more and more serious.
“It’s not just that the system has been paralyzed, the system, part of the system, has actively enabled Israel financially, economically, politically, and militarily to do to the Palestinians what it’s doing. We need to make sure that the system that has led to this in Palestine is held accountable.”
Unhealthy Embrace
Albanese addresses the moral crisis facing countries like Germany, where the relationship with Israel has become a source of considerable tension.
Despite Germany’s historical context and the understanding that the country has a complex relationship with Israel, Albanese criticizes the country’s stance on Palestine.
“I think that we are already beyond the moral crisis. There is an embrace between Israel and Germany. While humanly I understand part of it, I also find it sickening. It’s not a healthy embrace. I know this is blunt, but it needs to be said for what it is because there is no time to waste. If people do not understand, we will continue to be stuck and sink.”
Albanese continues by detailing her personal experiences during her recent visit to Germany, where she found herself under immense pressure for speaking out about genocide and settler colonialism.
This includes facing threats of arrest, harassment, and intimidation from German authorities, and the pressure on universities to stop her from discussing these issues.
“I want to start by giving an example that will allow people to understand why I say that the reaction of the German establishment, German academia, and German police to me is a sign not just of their opposition to Palestine or pro-Palestinian voices. Because I’m not a pro-Palestinian voice. I really… this is not activism that is very noble, and I wish I had been more of an activist in my life, and I regret it because the activists are the healthy part of societies.”
Albanese describes how universities that once prided themselves on academic freedom now cower to pressure from the Israeli ambassador and German politicians.
This oppressive environment has led to the silencing of voices that stand in solidarity with Palestinians. The situation reflects a wider crisis within Germany, and according to Albanese, the political climate there is not isolated—it has the potential to affect other countries as well.
“The point is that this is the symptom of a crisis that Germany, like many Western countries, is going through. But why the pressure all of a sudden? (…) Because for 10 months, the police and others have been harassing, tormenting, beating, detaining, and arresting people who stood in solidarity with Palestine. The result is that no one today, not even think tanks, civil society, human rights organizations, or even academics, want to speak out.”
Albanese emphasizes the depth of this crisis and how, even in a supposedly democratic country, academic institutions and civil society are being quashed in the face of external political pressure.
“I’ve been threatened with arrest, and it’s been so stressful because I’ve never been threatened with arrest. I’m a lawyer. I shouldn’t be in this situation. All of a sudden, I spent one night knowing that criminal charges could have been pressed against me. The reason why it didn’t happen is that the United Nations made it clear that I have privileges and immunities in the exercise of my functions, and Germany would have set such a negative precedent.”
“Even Afghanistan’s Taliban Richard Bennett, the special rapporteur of Afghanistan, has gone to Afghanistan three times and is not threatened with arrest,” she highlights.
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ICC’s Reference to Genocidal Intent
Albanese’s criticism of the International Criminal Court (ICC) is pointed. She stresses that the court’s hesitancy to act swiftly has undermined its potential for delivering justice in Palestine. The delay has been especially frustrating given the ICC’s clear mandate to address violations in the occupied Palestinian territories.
“Since the beginning of my mandate, I’ve been quite critical of the International Criminal Court (ICC) for its delay, its dragging feet, etc. The court should have acted more robustly and proactively much earlier. It shouldn’t have taken three years since the opening of the investigation”
She adds that the ICC’s failure to act in a timely manner has only exacerbated the situation for Palestinians. Despite this, Albanese notes that after years of inaction, the court began to take steps to address war crimes and crimes against humanity. Yet, even with these developments, the ICC remains under political pressure.
“Once the jurisdictional questions were resolved, the investigation opened, but not in 2021, and nothing happened until 2023. However, after 2023, the ICC moved. Nothing is perfect, but in my wildest dreams of accountability, I would never have expected to see the ICC prosecutor asking for those strong arrest warrants,” she says.
“The arrest warrants that were issued — sure, there’s no indication of genocide, but genocide is probably the most difficult crime to investigate. The crimes that were identified in the arrest warrants were crimes against humanity and serious war crimes like extermination, starvation, and persecution. There was also language like the creation of conditions calculated to physically destroy. So, there is an inference, a reference to genocidal intent, somewhat.”
Albanese also speaks about the political interference from member states, particularly from powerful countries like the United States.
“This is not a perfect world. And now, three months after the indictments, we have member states saying, ‘It doesn’t matter, we will not arrest Netanyahu,’ and other judges at the national level, like in France, saying, ‘We decide who gets arrested,’ because it’s at the judiciary level. The administration of justice level decides how to respond to the arrest warrants, and it should be automatic.”
She points out that some nations, like the United States, actively work to undermine international justice mechanisms. This, she says, reflects a broader issue of systemic impunity.
“The United States has declared sanctions against institutions and individuals. But let’s not forget that the United States has something called the Hague Invasion Act, which has been there for over a decade, because the United States has always feared the international system. The United States has violated international law like Israel, without ever facing political or financial resistance.”
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Illegality of Israeli Presence
Albanese reiterated in the interview that the International Court of Justice (ICJ) has affirmed the illegality of Israel’s occupation, yet political resistance remains a major obstacle to justice.
“The ICJ, which by the way has declared the illegality of Israeli presence — not just the military, not just the settlements — any form of control that Israel maintains, including over borders, natural resources, airspace, telecommunications, everything needs to go,” she said, in reference to the ICJ ruling of July 19, 2024.
“It’s very clear what solving the situation in Palestine according to international law means today. Now that the international justice system has been set in motion, it’s the end of genocide, the end of occupation, the end of apartheid, and holding the perpetrators accountable. This is international law.”
She also highlighted the lack of political will preventing meaningful action: “The reason why it’s not working is because of a lack of political will. While I understand why Israel, the United States, and some European countries are against this (…) I wonder what the majority of the 191 members of the General Assembly — excluding Israel and the United States — have to gain from this situation.”
Who Should Pay Reparations?
Albanese argued that the responsibility for reparations to rebuild Gaza lies with Israel and its enablers, especially the United States and Germany, which are major suppliers of weapons to Israel.
“Reparations to rebuild Gaza should be paid by Israel and its enablers first and foremost: the United States and Germany, who are the main providers for 90% of the weapons transferred to Israel.”
Collective Awareness
Despite the systemic hurdles, Albanese noted increasing awareness and activism, both at the state level and among grassroots movements.
“There is awareness, and steps have been taken both at the state level and by individuals. For example, South Africa, going against all odds and powerful states, brought a case against Israel for genocide at the ICJ. Then, Nicaragua followed by bringing Germany to justice. Other member states have joined. Now there are ten member states in the case against Israel. In 2020, 60 member states made submissions to the ICJ to declare the illegality of occupation.”
Albanese also mentioned the Hague Group, “a coalition of member states who have decided on measures to enforce international law.”
“There are states that have suspended military and economic ties with Israel. Israel, a military state, has been selling weapons, military training, and drones to most countries, including those with no diplomatic ties. The fact that states are disengaging, not buying Israeli security services, is already a step forward.”
However, according to the UN Special Rapporteur, “the most interesting part remains at the grassroots level. I see protests, youth movements, UN and university encampments, civil servants who have resisted or resigned, doctors who resist… These protests are an important sign of awareness. We need to unite, grow, and get out of our silos. We need to understand what’s at stake and fight the dehumanization of Palestinians.”
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Arab Leaders Should ‘Rise above the Madness’
Albanese emphasized the need for Arab leaders to rise above political challenges and show stronger support for Palestine, as it remains a unifying issue across the region.
“I’ve always spoken to Arab media and audiences. I’ve lived in the Arab region for 20 years. I have a strong connection to Arab people. I do not understand the schizophrenia around Palestine. On one hand, Palestine has always been high in political rhetoric, but it’s been accompanied by unsettling policies at the country level. Palestinians have been displaced not just from historical Palestine, but from the Arab region.”
She called for unity in the Arab world: “Today, the movement in support of Palestinians is as strong as ever among the people. Political leaders, who have always been forced because of their dependency on influential member states, now face a challenge. Arab leaders need to rise above this madness and show leadership.”
“Some Arab leaders, especially in the Gulf, have said, ‘Our region cannot be the ATM of the world.’ Don’t just be the cash provider. Be respected for your principles. It’s time to transform and reunite people and their leaders. Palestine is the unifying cry across the globe, including in the Arab world.”
(The Palestine Chronicle)
– Romana Rubeo is an Italian writer and the managing editor of The Palestine Chronicle. Her articles appeared in many online newspapers and academic journals. She holds a Master’s Degree in Foreign Languages and Literature and specializes in audio-visual and journalism translation.
