Francesca Albanese: The immunity of the highest EU officials cannot equate with impunity

By Andrea Tucci,

As the International Court of Justice takes its next steps on investigating and prosecuting war crimes in Israel’s conflict on Gaza, Francesca Albanese, U.N. special rapporteur for the occupied Palestinian territories, called for top European Union officials including European Commission President Ursula von der Leyen to face charges of complicity in war crimes over their support for Israel on the assault on Gaza.

The fact that the two highest figures of the EU, Ursula von der Leyen, President of the European Commission and Charles Michel, President of the European Council continue business as usual engagements with Israel is beyond deplorable,” Albanese said. “‘History will judge them and they will have to be judged before then moreover they will have to understand that immunity cannot equate with impunity.”

Israel has killed more than 50.000 people and destroyed almost all of Gaza’s civilian infrastructure since an attack by Hamas in October 2023. Most of the dead were civilians including tens of thousands of women and children.

Israel’s initial aim of returning hostages taken by Hamas morphed into a U.S.-backed vision for ethnically cleaning Palestinians from Gaza. To that end, Israel’s army has intensified lethal attacks, along with a watertight embargo on food, water, electricity, and aid.

Even after a complaint against the Leyen, the European Commission president, was filed at the International Criminal Court last May for complicity in war crimes and crimes against humanity in Gaza the new foreign affairs chief Kaja Kallas has blamed Hamas the responsibility for the lack of a ceasefire in March continuing normal diplomatic relations and to stand in solidarity with Israel.

The 1948 Genocide Convention calls upon signatories to not only punish but also prevent genocide. In front of our eyes we have the two senior EU officials not only refusing to take even symbolic action to prevent genocide, but actively normalizing and supporting it. 

It is also important to know that late last year, an internal report by a top EU human rights official called for European countries to suspend all political relations and arms trading with Israel due to evidence of war crimes.

Moreover, Albanese is working on a report which will expose banks, pensions funds, tech companies, and universities for complicity in Gaza’s destruction and she said: “For those who have been aiding and abetting and involved in the unlawful occupation, in providing it with support and abetting violations of international law and human rights violations could accused of individual responsibility for such crimes.

Though the International Criminal Court has issued warrants for Israeli leaders including Prime Minister Benjamin Netanyahu,Von der Leyen is clearly reflecting a position taken by many EU governments, which is one of very unconditional support of Israel, even if many media are denouncing that Israel is committing terrible crimes in Gaza and the West Bank.

The court has ruled that Israel’s actions in Gaza may plausibly amount to genocide and ordered Israel to allow the humanitarian aid blocked since more than 2 months at the Kerem Shalom Crossing eading to a severe crisis of the 2 million of these desperate people. The blockade, still ongoing, has preventing the entry of essential supplies such as food, water, medicine, and fuel, is causing a lot suffering and death of many children.

The international community must not remain silent while civilians especially children are dying due to the deliberate denial of food, water, and medicine.

All those implicated shall be held accountable before history does, and be in Silence is Equivalent to be Accomplices of this Genocide. “PALESTINIAN LIVES MATTER”.

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