European Commission President Ursula von der Leyen and other top EU officials should face prosecution for complicity in war crimes committed during "Israel’s" war on Gaza, Francesca Albanese, the United Nations special rapporteur on the occupied Palestinian territories, has advocated.

In an exclusive interview with The Intercept, Albanese argued that their political and diplomatic support for "Israel" amounts to aiding and abetting crimes under international law.

“They will have to understand that immunity cannot equate with impunity,” Albanese said. “I’m not someone who says, ‘History will judge them’ — they will have to be judged before then.”

A complaint was filed at the ICC against EU Commission President Ursula von der Leyen for complicity in war crimes in Gaza, as critics accuse top EU officials, including foreign affairs chief Kaja Kallas, of supporting "Israel's" actions despite international legal obligations to prevent genocide.

Calling Albanese's assessment "entirely correct," Mouin Rabbani, a Middle East analyst and non-resident fellow at the Center for Conflict and Humanitarian Studies emphasized that “The 1948 Genocide Convention calls upon signatories to not only punish but also prevent genocide."

The European Commission defended its ties with "Israel" as a means to express concerns and uphold international law, while UN expert Francesca Albanese warned that institutions—including banks and universities—could face individual liability for aiding "Israel’s" actions in Gaza, which she says amount to crimes under international law.

Beyond demanding accountability from EU leaders, Albanese said she is working on a report that will expose banks, pension funds, tech companies, and universities for complicity in Gaza’s destruction.

“All those implicated and involved in the unlawful occupation, in providing it with support, are aiding and abetting violations of international law and human rights violations and a number of these amount to crimes,” according to her.

“There can be individual responsibility and individual liability for those who have been aiding and abetting or enabling such crimes.”

Although the International Criminal Court has issued arrest warrants for Israeli leaders, including Prime Minister Benjamin Netanyahu, genocide expert and Middlesex University law professor William Schabas noted that pursuing charges against a high-ranking EU official like Ursula von der Leyen would be unprecedented.

He acknowledged that a case could be made, given her influential role and public support for Israel, but argued it’s unlikely the ICC would pursue it, as the prosecutor has so far limited indictments to Israeli officials. Schabas added that von der Leyen’s stance mirrors that of several EU governments, which continue to offer unwavering support for "Israel" despite mounting evidence of serious crimes in Gaza and the West Bank.

Despite downplaying the backlash, UN Special Rapporteur Francesca Albanese revealed that she and her family have received death threats since publishing her March 2024 report, Anatomy of a Genocide. 

“I come from a place that taught me that the mafia kills through silence. It kills when people don’t react to it," she said.