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"And in the context of a genocide... it will strengthen the complicity in the crimes that Israel has been committing over the past 15 months and before."
Francesca Albanese—the United Nations special rapporteur on the occupied Palestinian territories—on Wednesday denounced President Donald Trump's proposed U.S. takeover of the Gaza Strip and expulsion of most of its native inhabitants as something "worse" than ethnic cleansing.
"President Trump, oh, where to start?" Albanese said in Copenhagen on Wednesday, calling the Republican president's plan "utter nonsense."
"And it's unlawful, what he proposes," she continued. "People talk of ethnic cleansing. No, it's worse... it's inciting to commit forced displacement, which is an international crime."
"And in the context of a genocide... it will strengthen the complicity in the crimes that Israel has been committing over the past 15 months and before," Albanese added.
The special rapporteur's condemnation came in response to Trump's Tuesday remarks during a White House press conference with Israeli Prime Minister Benjamin Netanyahu, who is wanted by the International Criminal Court, which Trump sanctioned on Thursday. The president asserted that "the U.S. will take over the Gaza Strip" after emptying the enclave of most of its native Palestinian population.
"We'll own it," Trump said, adding that "we're going to develop it" and turn Gaza into the "Riviera of the Middle East."
Palestinians roundly rejected and derided Trump's proposal, while Netanyahu said Israel would study the plan.
"It's unlawful, immoral, and irresponsible," Albanese said Wednesday. "It will make the regional crisis even worse."
Trump doubled down on his proposal in an early Thursday morning post on his Truth Social website.
"The Gaza Strip would be turned over to the United States by Israel at the conclusion of fighting," he said. "The Palestinians, people like Chuck Schumer, would have already been resettled in far safer and more beautiful communities, with new and modern homes, in the region. They would actually have a chance to be happy, safe, and free."
It is not clear what Trump's reference to the Democratic U.S. senator from New York meant.
Israel—which was founded 77 years ago largely through the ethnic cleansing of more than 750,000 Palestinians—has been accused of seeking to permanently remove Gazans, most of whom are descendants of survivors of the 1948 expulsions, to make way for the renewed Jewish colonization of the coastal enclave.
"No one has the right to say how Gaza will be rebuilt other than the Palestinians."
Trump has proposed relocating Gazans to Egypt and Jordan, a violation of the Fourth Geneva Convention rejected by Palestinians, Egyptians, and Jordanians alike.
While ethnic cleansing, a term coined during the Balkan wars of the late 20th century, is not explicitly a crime under any international law, the South Africa-led genocide case against Israel at the International Court of Justice accuses the U.S.-backed nation of offenses including the forced displacement of around 2 million Palestinians in Gaza.
"This is a population of genocide survivors and they need to be rescued before thinking of who's going to rebuild Gaza," Albanese said in Copenhagen. "No one has the right to say how Gaza will be rebuilt other than the Palestinians."
"The expulsion of the Palestinian civilian population from Gaza would not only be unacceptable and contrary to international law," said Germany's foreign minister. "It would also lead to new suffering and new hatred."
U.S. President Donald Trump's call on Tuesday for the ethnic cleansing of Gaza with American military force drew near-universal condemnation from the international community, with political leaders, United Nations officials, and human rights groups denouncing the outrageous proposal as inhumane and blatantly unlawful.
"Any forcible transfer in or deportation of people from occupied territory is strictly prohibited," Volker Türk, the U.N. high commissioner for human rights, said in a statement following Trump's remarks alongside Israeli Prime Minister Benjamin Netanyahu, who is facing an International Criminal Court arrest warrant after presiding over a 15-month-long, U.S.-backed decimation of the Gaza Strip.
U.S. allies and adversaries, including in the Middle East, swiftly rejected Trump's call for American ownership of Gaza and the total removal of the Palestinian population. Hamas, the Palestinian Authority, Palestinian Islamic Jihad, Palestine's envoy to the U.N., Saudi Arabia, Egypt, and ordinary Palestinians in Gaza were among those who dismissed the U.S. president's proposal as unconscionable.
"These calls represent a serious violation of international law," said Palestinian President Mahmoud Abbas. "Peace and stability will not be achieved in the region without establishing a Palestinian state with Jerusalem as its capital on the borders of 1967, based on the two-state solution."
European nations also sharply criticized Trump's proposal, with France's foreign ministry expressing "opposition to any forced displacement of Gaza's Palestinian population, which would constitute a serious violation of international law, an attack on the legitimate aspirations of Palestinians, and also a major obstacle to the two-state solution and a factor of major destabilization for our close partners, Egypt and Jordan, and the whole region."
German Foreign Minister Annalena Baerbock said that "the expulsion of the Palestinian civilian population from Gaza would not only be unacceptable and contrary to international law."
"It would also lead to new suffering and new hatred," she warned.
"Once again, the man who claimed to be the peace candidate is showing himself to be nothing more than the War Profiteer President."
Trump's call for a U.S. takeover of the Gaza Strip came days after the president said he wants to "just clean out" the Palestinian enclave by forcibly displacing the territory's population, which is living under a fragile cease-fire agreement and in the process of returning to homes left in utter ruins by Israeli and American bombs.
Francesca Albanese, the U.N. special rapporteur for the occupied Palestinian territories, said at a press conference on Tuesday that Trump's proposal is "completely irresponsible." Even the act of floating ethnic cleansing in Gaza amounts to "incitement to commit forced displacement, which is an international crime," said Albanese.
"The international community is made up of 193 states," she added, "and this is the time to give the U.S. what it has been looking for: isolation."
U.S. human rights and anti-war organizations joined the chorus slamming Trump's proposal, with Amnesty International USA executive director Paul O'Brien writing on social media that "removing all Palestinians from Gaza is tantamount to destroying them as a people."
Sara Haghdoosti, executive director of Win Without War, said in a statement late Tuesday that "forcibly removing Palestinians from Gaza is ethnic cleansing."
"It is obviously illegal, deeply morally wrong, and incredibly dangerous," said Haghdoosti. "People in Palestine, Israel, Lebanon, and beyond need a real end to the war, not permanent forced displacement. Instead, tonight President Trump proposed to send U.S. armed forces to Gaza to kick Palestinians out and act as security guards for [Jared] Kushner and friends as they cash in on what Trump called 'the Riviera of the Middle East.'"
"Once again," Haghdoosti added, "the man who claimed to be the peace candidate is showing himself to be nothing more than the War Profiteer President."
"It is shocking to see a country that considers itself a champion of the rule of law trying to stymie the actions of an independent and impartial tribunal set up by the international community, to thwart accountability."
Four independent United Nations experts on Friday urged United States senators to oppose legislation passed earlier this week in the House of Representatives that would sanction members of the International Criminal Court after the tribunal issued arrest warrants for Israeli leaders for alleged crimes against humanity in Gaza.
H.R. 23, the Illegitimate Court Counteraction Act—introduced by Reps. Chip Roy (R-Texas) and Brian Mast (R-Fla.)—passed the House on Thursday with strong bipartisan support. Forty-five Democrats joined all 198 Republicans who voted in favor of the bill, which, if passed by the Senate and signed by the president, would "impose sanctions with respect to the International Criminal Court (ICC) engaged in any effort to investigate, arrest, detain, or prosecute any protected person of the United States and its allies."
A similar bill was passed by the House earlier this year failed to clear the Democrat-controlled Senate. The upper chamber is now under Republican control.
Responding to the proposal, Margaret Satterthwaite, the U.N. special rapporteur on the independence of judges and lawyers; Francesca Albanese, special rapporteur on the situation of human rights in the Palestinian territories occupied since 1967; George Katrougalos, independent expert on the promotion of a democratic and equitable international order; and Ben Saul, special rapporteur on counter-terrorism and human rights, said in a statement:
It is shocking to see a country that considers itself a champion of the rule of law trying to stymie the actions of an independent and impartial tribunal set up by the international community, to thwart accountability. Threats against the ICC promote a culture of impunity. They make a mockery of the decades-long quest to place law above force and atrocity.
The tireless work of brave legal professionals at the ICC is the main driver for accountability. The work of its prosecutors becomes the foundation upon which our efforts to uphold the integrity of the system of international law is resting. We call upon all state parties to the ICC and on all member states in general, to observe and respect international standards, as it relates to legal professionals working to bring accountability for the most grave international crimes.
Although neither the Israel or the United States is a party to the Rome Statute, the treaty underpinning the ICC that's been ratified by 125 nations, Palestine is a signatory to the treaty and crimes committed there by non-signatories can still be prosecuted.
In November, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant—who ordered the "complete siege" of Gaza that experts say is to blame for the rampant starvation, sickness, and deprivation of basic human necessities such as food, water, medicine, and shelter that has resulted in Palestinians, mostly babies and children, dying of preventable causes including malnutrition, disease, and hypothermia.
The warrants were for alleged crimes against humanity and war crimes in Gaza. The ICC also issued an arrest warrant for Hamas leader Mohammed Diab Ibrahim Al-Masri for alleged crimes against humanity and war crimes committed during the October 7, 2023 attack on Israel, as well as the kidnapping and abuse of Israeli and international hostages.
According to the Gaza Health Ministry, Israel's 463-day assault on Gaza has killed more than 46,500 Palestinians in Gaza. However, this could be a vast undercount. A peer-reviewed study published this week by the esteemed British medical journal The Lancetfound that, between October 7, 2023 and June 30, 2024 alone, more than 64,000 Gazans were killed by Israeli forces.
The International Court of Justice is currently weighing a
genocide case against Israel brought by South Africa and supported by numerous nations, most recently Ireland.
The Biden administration and most of Congress oppose the ICC warrants, as does Republican President-elect Donald Trump, whose pick for national security adviser, Rep. Mike Waltz (R-Fla.), has threatened a "strong response" to the ICC for its move to bring the Israeli leaders to justice.
The U.N. experts asserted that "international standards provide that lawyers and justice personnel should be able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; and should not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards, and ethics."
"We urge U.S. lawmakers to uphold the rule of law and the independence of judges and lawyers," they added, "and we call on states to respect the court's independence as a judicial institution and protect the independence and impartiality of those who work within the court."