Elham Asaad Buaras
The President of the European Commission, Ursula von der Leyen, should be investigated for complicity in Israel’s war crimes in Gaza, the UNs’ top expert on Palestine has said.
Francesca Albanese, the UN Special Rapporteur on the occupied Palestinian territories, accused senior EU officials of aiding Israel’s brutal 18-month offensive, which has left more than 50,000 Palestinians dead and devastated the territory’s infrastructure.
In an interview published on May 3 with The Intercept, Albanese said von der Leyen and other high-ranking EU figures should be held individually accountable, arguing that diplomatic immunity must not become a shield for impunity. “They will have to understand that immunity cannot equate with impunity,” she said. “I’m not someone who says, ‘History will judge them’ — they will have to be judged before then.”
Her remarks come amid ongoing hearings at the International Court of Justice, which has already ruled that Israel’s actions in Gaza may plausibly amount to genocide. The Israeli military’s campaign, launched after the Hamas-led attack of October 7, 2023, has been heavily backed by the US. The bombardment, coupled with a total blockade on aid, food, water, and power, has drawn widespread condemnation.
“The fact that the two highest figures of the EU continue business as usual engagements with Israel is beyond deplorable,” said Albanese.
Last year, a formal complaint was lodged with the International Criminal Court accusing von der Leyen of complicity in war crimes and crimes against humanity. Critics argue that the European Commission’s unwavering support for Israel has helped enable its offensive.
Josep Borrell, the EU’s former foreign affairs chief, wrote last month: “It is impossible not to see this as an intent to exterminate.”
Kaja Kallas, who replaced Borrell as the EU’s foreign affairs chief in December, has continued to stand firmly behind Israel, blaming incorrectly Hamas for the collapse of a ceasefire in March and pledging solidarity with Tel Aviv.
Mouin Rabbani, a Middle East analyst and fellow at the Centre for Conflict and Humanitarian Studies, said EU leaders had failed in their obligation under the Genocide Convention to prevent such crimes. “They’re not only refusing to act; they’re normalising and supporting the genocide,” he said. “Albanese’s observations are absolutely correct.”
A European Commission spokesperson, Gioia Franchellucci, defended the bloc’s position, saying the EU remained committed to international law and that its ongoing dialogue with Israel was governed by its association agreement. “It provides mechanisms to discuss issues and advance our points of view,” she said.
Legal scholars say it is unlikely the ICC will pursue charges against von der Leyen. “It’s clear that there is a case,” said William Schabas, Professor of International Law at Middlesex University. “But I think it’s unreasonable to expect the ICC prosecutor to take it up.” He added that von der Leyen reflects the official stance of many EU governments, “flying in the face of public evidence” of Israeli atrocities in Gaza and the West Bank.
Albanese also said her forthcoming report would expose banks, pension funds, tech firms and universities complicit in Israel’s actions. “There can be individual responsibility and liability for those who have been aiding and abetting or enabling such crimes,” she said.
Since publishing her report Anatomy of a Genocide in March 2024, Albanese said she has received multiple death threats. “My safety has become less certain,” she said. “I’ve received calls in the middle of the night making threats to me, my family members, and my children.”
Nonetheless, she remains defiant. “I come from a place that taught me the mafia kills through silence. It kills when people don’t react. That’s why I will continue to speak until I have no more air in my lungs.”
Photo: Francesca Albanese (right), UN Special Rapporteur on the Occupied Palestinian Territories (Credit: the_left_eu/Flickr Commons), has called for European Commission President Ursula von der Leyen (left) (Credit: Dati Bendo/Wiki Commons) to be investigated for complicity in Israel’s war crimes in Gaza.
