On January 20, 2025, the respected legal platform Opinio Juris published a candid and significant interview with Francesca Albanese, the United Nations Special Rapporteur on the situation of human rights in the Occupied Palestinian Territories. Conducted in the form of a podcast, the conversation offers a rare and penetrating examination of the internal contradictions of international law in the face of structural violence against Palestinians. Francesca Albanese, one of the few voices to speak the truth with courage and clarity, discusses the role of international law in addressing Israel’s crimes and exposes the deep-rooted inconsistencies at the heart of this legal system. She states: “In Palestine, the law is neither neutral nor powerless; it has often served the interests of domination and occupation. However, if used correctly, it can become a tool of resistance.” According to Albanese, the recent events in Gaza go beyond a “conflict” or “war”; they are unmistakable signs of a colonial project that has, for decades, sought to eradicate Palestinian identity and existence. She explicitly refers to the threefold system of oppression in the Palestinian territories: occupation, apartheid, and genocide. Albanese stresses that the issue is not just the recent attacks, but the systemic nature of this violence. Even during so-called “ceasefires,” Gaza remains under complete siege, and its people are deprived of the most basic human needs. She believes that while international law has often served the powerful, it has also seen moments where it was used against domination—such as South Africa’s filing of a case against Israel. One of Albanese’s most important points is the critical significance of accurate terminology. From her perspective, using terms such as “genocide” and “apartheid” is not merely descriptive—it is both a legal and moral act. She believes the dominant narrative of the “dangerous Palestinian” and the “Israeli victim” must be challenged.
She also highlights the latent racism still present in the structure of international law—the idea that global responses can vary dramatically depending on the victims’ skin color and ethnicity, something that has been starkly evident in the differing reactions to the situations in Ukraine and Gaza. Despite these harsh realities, Albanese remains hopeful about the role of law and justice—not out of naïveté, but from a deep belief in the power of truth. She says: “The law must be a tool for defending humanity, not for safeguarding state interests.” In closing, she calls on international lawyers not to remain passive observers. According to her, the duty of the next generation of legal professionals is to give voice to the oppressed through the law, rather than remain confined within outdated frameworks. In all her reports and public positions, Albanese strives to establish a new legal culture: one that rejects organized and systemic violence. Her voice, amidst the widespread silence and complicity of the West in the face of injustice, is a reminder that humanity is still alive—if we choose to believe in it and fight for it.
