Latest / The Fourcast / Francesca Albanese: ‘the truth’ behind Gaza’s ‘precarious’ ceasefire
Transcript
- 0:00The ceasefire is not precarious, is non existent.
- 0:04Why are these people being killed?
- 0:05I'm telling you because this is the genocide that continues
- 0:09through other means. Israel has 0 intention to
- 0:13relinquish control of the Gaza Strip.
- 0:16So what has been sold to the world as the peace plan is a way
- 0:21to push the international community to have an alibi not
- 0:25to continue to engage with Gaza. Governments are complicit it.
- 0:29Hasn't the last two years proven that for most world governments,
- 0:34international law is not super? They believe in real politic, in
- 0:38workable solutions. Are you in danger of making
- 0:43perfection the enemy of the good?
- 0:45That's so scary. Hello and welcome to the
- 0:51forecast. Phase one of the ceasefire in
- 0:53Gaza is holding, but it's precarious.
- 0:56Hundreds of Gazans have been killed since it began.
- 0:59Hundreds of thousands remain homeless and displaced.
- 1:02The Israeli Defence Force still occupies much of the territory
- 1:05and Hamas have re established themselves in some areas.
- 1:08So is Phase 2, with its transitional authority and
- 1:11international peace Force, looking in any real way
- 1:14possible? Benjamin Netanyahu says it's
- 1:16close. But if it is, where does that
- 1:18leave the rights of the Palestinians?
- 1:21Francesca Albanese is the UN special rapporteur on the
- 1:24occupied Palestinian territories.
- 1:26She has been an outspoken critic of Israel's actions in Gaza,
- 1:29accusing it of genocide since we last spoke.
- 1:32She has been sanctioned by the Trump administration and has
- 1:35published a new report on the complicity of much of the
- 1:39outside world. Welcome and thank you for coming
- 1:40back. Thank you, Krishnan.
- 1:42The last time we spoke, you, you, you did speak a great deal
- 1:45about complicity, but now you have written a a more formal
- 1:48report about it. You know the world wants to move
- 1:52on is the truth, doesn't it? They want to get on with the
- 1:55peace process. With phase two, there isn't a
- 1:58great desire to go back and examine what happened in the
- 2:02past, but you're not going to let them move on.
- 2:05No, no, I'm not going to let them off the hook because the I
- 2:09understand that there is a great deal of interest in moving
- 2:13forward. I think that the Palestinians
- 2:15are the first to want to move forward, and I would be the
- 2:19happiest not to have to document acts of genocide on a daily
- 2:23basis. But The thing is that the
- 2:25ceasefire is not, if you allow me, it's not precarious, is non
- 2:30existent. You know, since the the day the
- 2:33ceasefire was proclaimed, nearly 400 Palestinians have been
- 2:38killed by the Israeli army in Gaza.
- 2:41Israel has committed over 707 hundred violations of the
- 2:47ceasefire. It remains in over 50% of the
- 2:52Gaza Strip. It continues to demolish homes
- 2:56to to pulverize what remains and what is more sadistic to
- 3:02withhold aid 1/4 of what had been agreed as part of the
- 3:08ceasefire, the so-called ceasefire as Hunter entered the
- 3:12Gaza Strip. And I I really encourage
- 3:15everyone who's listening to us try to Google any mage of Gaza
- 3:20today. There are nearly 2 million of
- 3:23survivors, genocide survivors, war survivors, whatever you want
- 3:27to call them, who are literally literally in the storm without
- 3:32anything to protect them. There is no shelter like a make
- 3:36destroyed makeshift tents and they and the Gaza is is flooded.
- 3:41There is a storm, a Byron storm which is hitting Gaza and these
- 3:45people are led to die starving and freezing if not killed by
- 3:50Israeli bombs. So where is the ceasefire?
- 3:53I don't know. I mean, I suppose the argument
- 3:56is that it's, it's, it's not at the intensity that it was.
- 4:00The level of killing isn't as high as it was and more aid is
- 4:04getting in and there is some political progress.
- 4:08I mean, do you at least agree that things are better than they
- 4:13were at the beginning of October?
- 4:15If you're asking me a tough question because, you know, I
- 4:18mean, if we had 24 British people killed every day, would
- 4:26it be OK for you instead of 100? It's not OK to me because why
- 4:33are these people dying? Why are these people being
- 4:36killed? I'm telling you because this is
- 4:38the genocide that continues through other means.
- 4:41Israel has 0 intention to relinquish control of the Gaza
- 4:47Strip. So what has been sold to the
- 4:49world as the as the peace plan, which other is nothing else than
- 4:54a 20 point thought bubble as Commissioner Sidoti has defined,
- 5:01it is a way to push the international community to have
- 5:05an alibi, not to continue to engage with Gaza.
- 5:08But if Israel wants to continue the expulsion of Palestinians
- 5:13from there, because this is the last attempt, the last chance
- 5:16they have to regain control over Gaza.
- 5:18And we should also be talking of what's going on in the West.
- 5:21What do you mean by question? Because you have said Israel is
- 5:23continuing the ethnic cleansing of of of Gaza.
- 5:27What do you mean by that? Who is being expelled?
- 5:30Where are they going? What?
- 5:31What? What is the ethnic cleansing
- 5:34beyond the killing? I accept that there is killing
- 5:35going on. Yeah, there is.
- 5:37There is killings. But I've said that in the
- 5:40pursuit of this desire of ethnically cleanse what remains
- 5:45of historical Palestine, the Gaza Strip, the West Bank and E
- 5:48Jerusalem, Israel has committed acts of genocide and using the
- 5:53fog of war as an excuse. And now the ceasefire risks
- 5:58allowing Israel to continue where the harshest face of the
- 6:02genocide has not allowed it to to do because the Palestinians
- 6:05have not left. Now with the storms, with the
- 6:09with the freezing weather, without food, without shelter,
- 6:14Israel is opening the Rafa border, telling Palestinians you
- 6:17can go out, but you cannot come in again.
- 6:20So this is again, it's in line with the trajectory that has
- 6:24started in the 50s of Israel, encouraging what even that
- 6:30minister Bang Veer calls voluntary migration.
- 6:33There is nothing. Being voluntary is really one of
- 6:36the most sadistic and international international
- 6:41community backed forms of crimes that I've seen in my in my
- 6:46lifetime. But there isn't there some
- 6:48political progress? I mean, there is a process now
- 6:50towards phase two, which is about creating a Palestinian
- 6:56committee with international supervision with Palestinians
- 7:00involved. People are people are now
- 7:02starting to say it may actually have some representation from
- 7:06the Palestinian Authority, which was something that was said it
- 7:09they said it wouldn't have before.
- 7:11So this is the beginning once again, isn't it, of a
- 7:14Palestinian voice and Palestinian control over their
- 7:18own affairs? I mean, isn't there a hopeful
- 7:21way to look at progress as well? I don't want to sound like the
- 7:27grumpy one who's never happy about anything because this is
- 7:30not the case. I'm just someone who knows the
- 7:32history. I mean, I've heard these
- 7:34arguments at the end of the first intifada when the peace
- 7:38process started with the Oslo Accords.
- 7:40The Oslo Accords were saluted by everyone, including the
- 7:44Palestinians, as a stepping or a building block of enduring
- 7:50peace. Have you seen any day of that
- 7:52for of peace for the Palestinians?
- 7:53No, because the the World Peace has been used to distract people
- 7:58from what was going on the enduring occupation.
- 8:00And let me comment on the on the peace plan, which have been
- 8:04quite together with other independent experts and human
- 8:08rights organizations have been quite critical of.
- 8:11And for me, it's very tough because now this this plan is
- 8:15incorporated in Aun Security Council resolution.
- 8:19So I'm really it's a dilemma because UN Security Council
- 8:22resolution is law, but this is a law that violate basic tenets of
- 8:27international because you say, yeah, but there is a a
- 8:30government, there is a transition force, yes.
- 8:32And look at them. I mean, they are headed by and,
- 8:37and in basically the decision power is in the end of in the
- 8:40hands of the United States States, which is the has been
- 8:43the most significant partners of Israel in the in the genocide.
- 8:47The Palestinians are brought in as as token as an act of
- 8:51tokenism. There is a violation of the
- 8:54International Court of Justice decision of July last year,
- 8:58which orders, and this is for me, the road map to peace.
- 9:01It orders Israel to withdraw the troops from the occupied, the
- 9:05entirety of the occupied Palestinian territory, Gaza, the
- 9:08West Bank and E Jerusalem. No mention of what's going on in
- 9:11the West Bank. And please let's try to talk
- 9:13about that later, but also to dismantle the colonies and to
- 9:17stop using Palestinian resources.
- 9:19This had this been incorporated in the UN Security Council
- 9:24resolution, I've would have I would have been, but.
- 9:26Israeli withdrawal will come, won't it, If, if, if Phase 2 is
- 9:31implemented, there will be an international stabilisation
- 9:34force which will also severely curtail Israel's ability to
- 9:37continue mounting the strikes that it has been.
- 9:41I don't see that that peace plan, because that peace plan
- 9:44refers to demilitarization and the radicalization of the Gaza
- 9:49Strip and Hamas, whatever it is, whatever remains, but not of
- 9:53Israel, which is the state which has killed and and injured
- 9:57nearly 200,000 people and left nearly 2 million to die.
- 10:04What do you mean? Are you suggesting Israel should
- 10:05be demilitarized? What I'm saying, I'm saying I'm
- 10:10just say posing another question, why is the occupied
- 10:14Palestinian territory, which is unlawfully occupied by Israel is
- 10:18to be demilitarized while there is no, no, this is something
- 10:24imposed on the Palestinians, which are the oppressed occupied
- 10:27people. But there is no conditionality
- 10:32imposed on the unlawful occupier which has committed crimes after
- 10:37crimes. Israel has just killed.
- 10:39And these are the numbers that are are ascertained, 70,000
- 10:44people and there are up to 150,000 who are injured with
- 10:49life enduring injuries, who I mean, I've seen bodies chopped
- 10:54into pieces, Krishnan. And this is not something that
- 10:57can be repaired. So the state which has
- 11:00devastated the Gaza Strip, which continues to commit violence day
- 11:05in and day out against the Palestinians in including in the
- 11:08West Bank, whereas no Hamas, there is no question and no
- 11:12conditionality about the restraint of military force of
- 11:15the state. Again, it's a very, it's a very
- 11:18disproportionate. Plan, it is clearly a
- 11:22disproportionate plan because it was it was won by military force
- 11:26ultimately. And, and, you know, in, in, I
- 11:29suppose in the real world, we have to accept what we can take,
- 11:33don't we? Vishnan, there was a genocide.
- 11:38How how cynical it is to describe yes, there was military
- 11:43force, there was unlawful use of force.
- 11:46That doesn't mean by ongoing for the case this.
- 11:49Is not a situation in which outside world came in and said,
- 11:52right, break it up, we're going to sort out the future.
- 11:55This was effectively a military victory by Israel, aided by the
- 11:59United States. And then the United States said
- 12:01stop now and enter a political process.
- 12:04It's more a victory of impunity and lawlessness than military
- 12:09victory. There has been a huge, huge
- 12:12resistance inside the occupied Palestinian.
- 12:15I mean inside occupied Gaza is true.
- 12:18But the question is, what are the Palestinians supposed to do?
- 12:22Do the Palestinians have the right to protect themselves, to
- 12:25defend themselves? Yes or no?
- 12:28According to the way the international community.
- 12:29Well, but according to international, This is why I say
- 12:32it's the success of lawlessness, not of military force.
- 12:37This is the, the, the, the, the recognition of might makes right
- 12:44again, fine. But this is not where I mean,
- 12:49this is not what would lead to stable and enduring peace.
- 12:52This is going to lead more violence.
- 12:54Do you believe that you know, we we should as a international
- 12:58community be engaging with the process or are you saying the
- 13:01process is corrupt? Yes, No, I should.
- 13:03The process should be premised upon respect for international
- 13:06law. Because, you know, different
- 13:08countries are engaging with it. The the Arab world has clearly
- 13:11had some success in trying to shape what the the Board of
- 13:19Peace will be. It looks like Tony Blair is not
- 13:22going to be taking a leading role on the Board of peace, at
- 13:25least at the moment. So again, in terms of trying to
- 13:30trying to, I accept you think this is a terrible piece, but in
- 13:36terms of trying to make progress, what do you think are
- 13:39the steps now that's. Should happen I I think well I'm
- 13:44not optimistic because 191 members of the international
- 13:51community of the United Nations are bending backward in order
- 13:54they're not to upset the United States and Israel with it.
- 13:58So it's it's very difficult to enforce international law while
- 14:05one states the United States calls the shot and no one reacts
- 14:11against it. If, if, if the Saudi Prince MBS
- 14:15is on the Board of Peace, where? Where does that leave the
- 14:21concept of international human? Rights.
- 14:22Why can't the Palestinians rule themselves?
- 14:27Is it that that foreign to us, the idea that these people in
- 14:322025 can be treated as an independent people rather than a
- 14:39colonial entity? Because this plan re proposes an
- 14:44anachronistic idea that the Palestinian, the Palestinians,
- 14:48have to be handled by someone. So you don't believe this plan
- 14:50would ever lead to self determination?
- 14:52No, I'm, I'm, I'm certain. I'm certain because there is.
- 14:57Because if there was an interest in accompanying Palestinians, in
- 15:01guaranteeing that the Palestinians enjoy their self
- 15:04determination, and this is key. This is why I insist there would
- 15:08be an adherence, A conformity with what the International
- 15:14Court of Justice has already decided.
- 15:17The International Court of Justice.
- 15:19You remember, Sorry, let me do a, let me make open a
- 15:22parentheses. Do you remember last time I was
- 15:24here, we were discussing genocide and you were objecting
- 15:27that International Court of Justice has not concluded that
- 15:30there is genocide. And I was saying, yes, but this
- 15:32doesn't matter because according to international law and the
- 15:35Genocide Convention, as long as there is is a risk of genocide
- 15:39or incitement to genocide, something that International
- 15:41Court of Justice has recognized in January 2024, then the this
- 15:46is when the obligation to prevent kicks in.
- 15:49Now we are at the phase where the International Court of
- 15:54Justice has already pronounced itself saying the occupation is
- 15:58unlawful and member states cannot aid and assist
- 16:03economically, financially, militarily, strategically,
- 16:06politically. These states, So you see, the
- 16:10starting point, should not be what is politically convenient
- 16:15to the United States, accompanied or not, supported or
- 16:18not by Arab states. It doesn't matter.
- 16:21It doesn't matter. What matters is the realization
- 16:23of the right of self determination of the Palestinian
- 16:26people. And when they turn around to you
- 16:28and say, well, OK, but the last time there was an election, they
- 16:30voted for Hamas, and look where that got us.
- 16:34What's the answer? I don't think I think that this
- 16:37is this is not correct. This is a brutal simplification
- 16:41of matters because when and this is not to defend Hamas or anyone
- 16:46is just let's again, let's put the Hamas aside because in this
- 16:50part of the world the the word Hamas generates such an
- 16:55emotional hysteria that doesn't allow to progress in the
- 16:58discussion. But there there were no
- 17:04elections until 2005. And back then the Israeli
- 17:10occupation had been there for many decades, oppressing and
- 17:14ruling through military rules, the Palestinian governing
- 17:17through military rules, the Palestinians.
- 17:19So why after the elections there was no acceptance of the vote?
- 17:25This would not be the first time the international community
- 17:29didn't agree with an election that opposition from the from
- 17:34the Western world and Israel was strategic to breakthrough the
- 17:40the Palestinian secular political component.
- 17:43And in fact, there are even Israeli commentators and former
- 17:47prime ministers who said that, in fact, Hamas has been used as
- 17:52an excuse to divert the political attention, or rather
- 17:57the attention from the peace process to a security response.
- 18:03So Hamas has been a very convenient card that Israel has
- 18:07pulled to maintain the occupation.
- 18:10But also look at who the Israelis have voted.
- 18:14You have someone who has Bengavir, Bengavir and Smoltrik.
- 18:19But even I mean look at the Israeli society keeping in power
- 18:23people who are wanted by the ICCI mean this is this is called
- 18:27the self determination, right? So why the Palestinians
- 18:30shouldn't be able to determine and service and elect whom they
- 18:33want? Right.
- 18:34But but if you if you try to hold an election this year, this
- 18:37coming year, there aren't any political structures or parties
- 18:41or campaign groups or philosophies that people can
- 18:45unite around, are they? There's no there's no political
- 18:48culture around which you can suddenly say, OK, have
- 18:51democracy. Krishnama, what do you care?
- 18:53I mean, why do you all of a sudden care for Palestinian
- 18:57internal self determination? Can we just annoy our?
- 19:00Business, you're saying why don't we let them determine
- 19:03themselves? I'm not saying that this is
- 19:05international law and this has been the case for over 100
- 19:09years, but. If you say, if you say, OK,
- 19:11let's deliver that instead of a long transitional peace plan,
- 19:14which is what is currently being proposed.
- 19:17Is it practical? It is better, it's legal.
- 19:20This is the only legal path. And you see this is the.
- 19:23Practicality matters, doesn't? It practicalities matter when a
- 19:27legal argument are are are distorted in order to
- 19:31accommodate political convenience.
- 19:33No one cares about the governing abilities of the Palestinians.
- 19:39No ones. Because no one cares about the
- 19:41Palestinians for real. Otherwise wise, we wouldn't
- 19:44leave 2 million people in the abominable conditions they are
- 19:48today. But I mean, and this may sound
- 19:50very cynical, but hasn't the last two years proven that for
- 19:55most world governments, international law is not
- 19:58supreme? That is not the most important
- 20:01thing in their minds. They believe in real politic, in
- 20:06workable solutions. And if that is not in line with
- 20:09international law, well. To an extent I agree with you.
- 20:14The last two years have proven that not all governments,
- 20:17because excuse me, there are governments in the global
- 20:22majority, otherwise known as the global S, that have called out
- 20:28the genocide, that have started to cut ties with Israel,
- 20:31economic, military and political ties.
- 20:33So no. So let's reframe it.
- 20:35The last two years have demonstrated that the majority,
- 20:39not even the totality, otherwise we would visibilize states like
- 20:42Slovenia and Spain. The majority of Western
- 20:45governments, primarily yours and mine, are very fine with the
- 20:49continuous thrashing of international law.
- 20:52And at the same time, these two years have proven another thing
- 20:56that you know what, 450 millions of Europeans are not fine with
- 21:00it. And This is why they are
- 21:02protesting. They are protesting the genocide
- 21:05from universities to to working places and they've been
- 21:11protesting for over one year now.
- 21:13And the response of the so-called the liberal
- 21:16democracies look at this countries is criminalizing
- 21:19journalist, criminalizing activist or in Germany beating
- 21:23up demonstrators day in and day out or in France preventing
- 21:30academic conferences to take place.
- 21:33So, you know, Gaza and Palestine today have put ourselves in
- 21:38front of a mirror and are telling us who we are as
- 21:42individuals, as societies. And frankly, look at the Gov
- 21:46Again, before thinking of what the Palestinians would be ruled
- 21:50by, look at the governments we have with who have been teaching
- 21:54and preaching international law and human rights worldwide until
- 21:58they they were put on a test. We should step out of this
- 22:03colonial posture. And this is the other thing for
- 22:06the first time, I mean, if there is one thing that this genocide
- 22:11has LED us to that makes me be optimistic is the awakening.
- 22:17For the first time there is a global awakening of what
- 22:20genocide is. It didn't happen with the
- 22:22genocide in Rwanda. It didn't happen with the
- 22:25genocide and former Yugoslavia. This genocide has provoked a
- 22:31global outcry and doesn't matter how how hard so-called the
- 22:36liberal governments push on their citizens to to obey and
- 22:43and look away people. People don't bend because they
- 22:46see the humanity of the other in their own humanity sacrifice in
- 22:51Gaza. And so maybe maybe things will
- 22:55change also politically for us, because I want to live in a
- 22:57system which, which is coherent, where international law is
- 23:01respected for the Israelis, for the Palestinians, for myself
- 23:05and, and, and for you. Is it that much to to ask in
- 23:092025, Krishnan? Well, I mean, you know, isn't
- 23:14the trouble that you are then in a situation where you say, well,
- 23:20the law should be supreme and, and it doesn't matter about
- 23:24whether practicalities mean it's too difficult to deliver.
- 23:29You get into a very purist position when there is actually
- 23:33a process that you can engage with that you can try and make
- 23:36better. You know are are you in danger
- 23:39of making perfection the enemy of the good?
- 23:44That's so scary. That's so scary.
- 23:47Well, well, I mean, it's I suppose.
- 23:49Maybe it is scary. Maybe it is scary but but but
- 23:52maybe it's also the reality of where we are.
- 23:55And Krishnan, if you, if someone breaks into your house, you call
- 24:04the police and the police comes and and arrests you instead of
- 24:09the aggressor, wouldn't be, wouldn't you be appalled and
- 24:15call for others to react and to protect you and to help you?
- 24:18This is the situation of the Palestinians.
- 24:21This is the situation of the Palestinians.
- 24:22And again, I'm not. I mean, for me, it's I, I have
- 24:25no stake in this other than being a a human rights expert
- 24:30who's been asked by the United Nations to look at what happens
- 24:33in nuclear Palestinian territory at the worst possible moment in
- 24:37history for the Palestinian people.
- 24:39And I have been the near, I mean, the quasi eyewitness of a
- 24:44genocide, documenting it day, day after day.
- 24:48And so, no, I don't think that asking for the application of
- 24:51basic rules of international law is purism.
- 24:55Actually, it's pretty basic to preserve peace and stability.
- 24:59But international law has been defied defied in Israel for 40
- 25:03years. And maybe this is the end of it.
- 25:05May this be the end of it, because Israel's propaganda
- 25:08doesn't work anymore. It doesn't work anymore.
- 25:12It keeps on you. What makes you?
- 25:13Think this is the end of it given where we have ended.
- 25:16Up, I said. Where where in your own analysis
- 25:19we've ended up in a very pro Israeli peace process?
- 25:23Yeah, because this is where government, this is because
- 25:25governments are complicit. Say I documented the level of
- 25:31political, military, financial, economic, diplomatic, strategic
- 25:38support that 62 states to different extent grant Israel,
- 25:43which is the reason why the genocide continues, on top of
- 25:48the fact that there are so many businesses and entities, banks,
- 25:53pension funds that are profiting from it.
- 25:56Do do you think the the complicity that you have
- 25:59analysed will ever be called to account and and if so, how?
- 26:04If human rights lawyers did their job, Oh yes.
- 26:09So give me an example. I mean you, you in your report,
- 26:11you take Britain as an example. Yeah, Partly because of the the
- 26:15flights that were made over Gaza by by military aircraft and the
- 26:21information that was handed on to them.
- 26:24How do you think that you and you describe that as complicity?
- 26:28How can that ever be prosecuted? Through domestic courts or an
- 26:37international court, everyone should respect the law and This
- 26:39is why I think that governments or government official officials
- 26:43in an ideal world will have to be accountable for what they
- 26:46have done in supporting the genocide.
- 26:48Look, would you have imagined a Nuremberg trial in 1935 or
- 26:56193036? Probably not.
- 27:00And then there was, and this was the first time that, for
- 27:02example, industrialists, people involved in providing the the
- 27:08tools, the chemicals that were used in the gas chambers by the
- 27:13Nazis, they were brought to trial.
- 27:15Would you have imagined one day to have standards applicable to
- 27:20businesses and not so as to make make sure that they would comply
- 27:25with international law? While the old argument was, oh,
- 27:28only, only states have human rights obligations.
- 27:32No, Everyone with an ounce of power is to respect
- 27:37international law, including businesses and multinationals,
- 27:40especially today where multinationals have more
- 27:42leverage and power than sovereign states.
- 27:45And are you using Nuremberg as an example of how it can take a
- 27:49long time to bring international justice?
- 27:52Or are you, as some people will suspect, also using it to
- 27:54compare Israel to Nazi Germany? No, I'm not comparing Israel to
- 28:00to the Nazis. I'm I'm comparing what happened
- 28:03after the the Nazi fascist Holocaust.
- 28:07There was they did the Nuremberg tribunals and then they were the
- 28:12Tokyo tribunals. But today to what is to what
- 28:18needs to happen Today, the reality is different.
- 28:21We have an International Criminal Court which should we
- 28:25can prosecute, which can prosecute, investigate and
- 28:27prosecute individuals for war crimes, crimes against humanity,
- 28:32genocide and the crime of aggression.
- 28:35That court is being impaired and attacked as we speak so as to
- 28:41hamper justice. But still there are national
- 28:45courts. And you know, as we speak, it's
- 28:47not that everything is grim and sorry, it's not that everything
- 28:51is dark In the UK. There have been some, some
- 28:56positive developments in courts. There was an activist charged
- 29:00with terrorism that was that was acquitted recently and and
- 29:06again, This is why I say eventually justice my knock at
- 29:11the door of those who have betrayed it, I.
- 29:14Mean you say the ICC is under attack and it is with with key
- 29:19people sanctioned by the United States.
- 29:21You are also sanctioned now since our last conversation.
- 29:25How? How has that affected your life?
- 29:28Badly. Honestly, it has, because it has
- 29:31affected me. Because while I do what I do as
- 29:36a human rights expert who's really devoting making huge
- 29:42sacrifices to serve the United Nations, at the same time I am
- 29:48treated as a as a criminal by the United States.
- 29:52I've been sanctioned, which means just for doing my job,
- 29:58which is even a violation if I were an American citizen.
- 30:00It's a violation of the 1st Amendment.
- 30:02How does it impact? You it impacts, I mean, I
- 30:05cannot, there is a travel ban, I cannot travel to the US even in
- 30:09the exercise of my function. In fact, the last reports to the
- 30:13General Assembly, well, I had to present it from South Africa
- 30:17because I could and travel to the United States.
- 30:19But also it has it imposes penalties on those who work with
- 30:27me. Anyone who's an AUS person,
- 30:30meaning a citizen, someone who works in the US, who has assets
- 30:34in the USA, USA resident who engages with me can face jail up
- 30:41to 20 years and the penalties up to $1 million.
- 30:48It's huge. And the fact and this.
- 30:50Has implications. You can't have banking or.
- 30:53No, my bank account. I mean I've been living in the
- 30:55USI gave birth in the US and I was planning to return to the
- 31:02US. My daughter is an American
- 31:04citizen. She's US educated.
- 31:07She goes to the American school. Her dream is in a few years to
- 31:11go and study in the US. She cannot because the moment
- 31:14she steps into the US, if the sanctions are not lifted, she
- 31:18will She will risk felony for having offered a present to her
- 31:24Mama. Can you believe this?
- 31:26And also the implications are felt by me as a European citizen
- 31:32in Europe, but also in someone who lives in Tunisia because I
- 31:35cannot open a bank account anywhere because it doesn't
- 31:39matter where you are. When it comes to banking, we are
- 31:42under U.S. law. Why through the SWIFT code?
- 31:46The moment I do a financial transaction that requires the
- 31:51SWIFT code, virtually everything that is that happens
- 31:56internationally through international circuit, it's I
- 31:59get banned, there is a red flag. And so the the sanctions on me
- 32:06pose a risk on the banks that open me open a bank account for
- 32:11me, there is to incur in secondary sanctions.
- 32:14And This is why I have to travel with with with cash.
- 32:19But it's extremely complicated because I cannot get paid for.
- 32:22What I was saying, how are you paid?
- 32:24I'm not being paid, I've not been paid, I've not received a
- 32:27payment for for work that I do other than as a special
- 32:31rapporteur since August this year.
- 32:35Because you can't be. I cannot be paid.
- 32:37Who's going to receive this money?
- 32:38It's extremely complicated. Also because with the money
- 32:40laundering legislation, God bless it, it's impossible to
- 32:44transfer money. I've been offered the
- 32:45opportunity to open a bank account at the Cayman Island.
- 32:48I don't want to do that. I don't want to to to to recur
- 32:51to these dodgy expedients. I want to be protected as a
- 32:56European who has committed no crimes.
- 32:59And the United Nations has called for the sanctions to be
- 33:01lifted. Absolutely, Absolutely.
- 33:03But how? How long can you?
- 33:04Do you think you can carry on living like this?
- 33:07It's in, it's a, it's again, because it's a, it's a
- 33:11significant violation of the UN Charter of the privileges and
- 33:16immunity of the United Nations that protect me as a UN expert.
- 33:22These sanctions must be lifted. So I do expect, I do expect
- 33:25member states to come back to census and to stand up with the
- 33:31United States persuading it to lifted the sanctions also
- 33:35because it's a very dangerous president.
- 33:37Think of the chilling effect it's having on anyone who's
- 33:41working in the, I mean not just in the UN, but on this issue.
- 33:46Can can I ask you what, what you think the effect of your
- 33:49speaking out has had on the status of UN special
- 33:55rapporteurs? You know, obviously your
- 33:59opponents say that you are biased, that you've taken a
- 34:04side, that you are, you know that you're not a impartial
- 34:08rapporteur. You are now sanctioned.
- 34:11As a result, Israel bans you. You're on persona non grata.
- 34:15Do you think there has been an effect on your position that
- 34:22affects other people as well as you?
- 34:26It might. It might because again, the
- 34:28chilling effect is felt and there are people who are
- 34:32extremely courageous and defiant and they don't care.
- 34:37They say I'm, I'm not going to be silenced, which is also my
- 34:41position. I mean, I could have, you know,
- 34:43I could have accepted to step, to step down from these
- 34:49voluntary position. I mean, voluntary in the sense
- 34:53that it's not even paid and say, look, this is the end of it.
- 34:57You lift the sanctions and I stop.
- 34:59I stop what I'm doing. But I decided not to do because
- 35:02again, it would be it would be even more more insulting to the
- 35:07to what I'm trying to stand for and encourage others to do the
- 35:11same. We cannot be silenced all we
- 35:13cannot be fired all we cannot be sanctioned.
- 35:16All This is why this is a call for action to protect the the
- 35:22rule of law based system that we have.
- 35:25So with so much sacrifice built. And one thing I want to tell you
- 35:32is that they had the United States has sanctioned me because
- 35:38it couldn't silence me. It couldn't silence the truth.
- 35:42And this is the thing, over three years, I think that my
- 35:46reports have contributed and my being so active, which is what
- 35:53anyone else, any other predecessor I've had would have
- 35:56done had they found themselves facing a genocide.
- 36:00But this work has created a better understanding of the
- 36:04systemic structural issues that do not allow Israelis and
- 36:08Palestinians to live in peace together or side by side.
- 36:13Despite your insistence that you will stick to the law, that you
- 36:16will not be silenced, that that that history will catch up.
- 36:20Challa. You know, right, right now we
- 36:24are in a situation where the most powerful country in the
- 36:27world, the United States, supports Israel in a peace
- 36:32process. That's, you know, Israel is, is,
- 36:36is relatively pleased with it feels it's, you know, there is
- 36:41no, there's no process of accountability right now that's
- 36:44going on when it comes to Netanyahu, What is the, what has
- 36:50the world really learnt about how might and strength and and
- 36:59military might can get you what you want?
- 37:05Krishna the risk of sound over optimistic.
- 37:10I I would say that it's not, it's not a given that this
- 37:16brutal system will will win. Look at the look at the South
- 37:21Africa experience very different but with significant
- 37:24similarities. I mean, the South Africa
- 37:27apartheid regime has, has been able to survive, not just
- 37:32because of the violence that the white S Africans were using
- 37:36against black South Africans, but because of the complicity of
- 37:39so many Western governments till the very end of the of the
- 37:44apartheid. And and if you speak to the
- 37:48South Africans, they tell you that the last four years of the
- 37:52apartheid regime were the fiercest people wouldn't we
- 37:56couldn't couldn't even imagine a day, a day where they wouldn't
- 38:01be Apartheid meaning entrenched in the law because of course,
- 38:05uprooting apartheid and what it has been over centuries, like
- 38:11the racial segregation, it's the last part of it.
- 38:15But undoing the, the, the settler colonialism of 350 years
- 38:20of settler colonialism, of course takes time, but it
- 38:23started and people in South Africa in the last years of the
- 38:27apartheid could not imagine that one day that would happen.
- 38:32I don't think that we can predict how it's going to be
- 38:37based on the brutality of the system today.
- 38:40Because, for example, Western governments, those we have
- 38:44mentioned are acting so fiercely and even to the to the risk of
- 38:49shrinking fundamental freedoms who have been the pillars of
- 38:53their respective democracies as a result of fear, because they
- 38:58feel the pressure of their own constituencies and politics
- 39:02might change and people who are now in government will lose and
- 39:07might face justice. So it's not it's not one, but
- 39:12it's I wouldn't call defeat as of yet.
- 39:15And the people who stand for human rights and justice have
- 39:18just to be, have just to persist, to keep on believing
- 39:25that justice is something worth standing for, because eventually
- 39:31it would. It's what's going to allow them
- 39:33to be spared by the brutality as that we are seeing today
- 39:38unleashed against the Palestinians and others who
- 39:41stand in solidarity with them. Francesca Albanese, thank you
- 39:44very much indeed. And that's it for this edition
- 39:46of the forecast. Until next time, bye bye.