Some European states see the International Criminal Court (ICC) as a tool against Africa, so some European countries refusing to enforce the ICC arrest warrant for Israeli Prime Minister Benjamin Netanyahu is "not just hypocrisy” but a continuation of “their racism," the UN special rapporteur on the right to food said on Wednesday.
In response to a question by Anadolu at a joint press briefing in Geneva, Michael Fakhri cited comments by ICC Prosecutor Karim Khan, saying: "There was an interview with prosecutor Khan from the ICC about … the pressure he received when he issued these arrest warrants, and what he said … is that many European political leaders were surprised because they said that the ICC was designed to go after African leaders."
He said this goes beyond hypocrisy or a double standard, calling it straightforward "racism."
"When European countries (are) being consistent in saying we're not going to honour and adhere to these arrest warrants is a continuation of their racism, not just hypocrisy, their racism," he said.
Netanyahu and former Israeli Defence Minister Yoav Gallant face arrest warrants issued by The Hague-based court last November for war crimes and crimes against humanity in Gaza.
But some European states – including France, Germany, and Italy – took a non-committal stance on the court’s authority.
France has claimed that the Israeli PM has immunity as a head of state, but legal experts and ICC rulings suggest otherwise.
Responding to the same question, Ben Saul, the UN special rapporteur on protection of the human rights, said that "this kind of selectivity in the enforcement of international law is so dangerous."
"Because it sends a signal to everybody else that you don't have to comply with international law either. And for so long, there's been a very strong and growing narrative of double standards in international law," he stressed.
Noting that the "dangerous" nature of these stances goes beyond Gaza or Palestine, he warned of possible ripple effects across the whole legal system.
"Once those red lines start getting eroded so forcefully, it doesn't take long for the system to break down and break apart very quickly," he said.
Referring to recent controversial actions by the US Trump administration, he added: "I think we've seen an example of this in the United States, where a very strong, old, sophisticated legal and political system is disintegrating before our eyes in a matter of weeks."
Law can only do so much, he said, underlining the need for political commitment by governments.
Meg Satterthwaite, the UN special rapporteur on the independence of judges and lawyers, said that one thing that is "very important" to see is the EU activating its blocking statute to counter-sanctions against the ICC.
A blocking statute is a law of one jurisdiction intended to hinder the application of a law made by a foreign jurisdiction.
"The EU does have that capacity to act together to activate this protective statute, which would go a long way to saying, not only do we support the ICC, but we will protect it from this kind of unilateral action.
So that's important."
"I agree entirely with my colleagues that it's time for us to honestly face the double standards, the racism that has been inherent in those double standards, and to call on the states that have been quietly sitting by to stand up and be very clear on their support and their active participation in ensuring international law is enforced," she said.
The International Criminal Court prosecutor Karim Khan said the court's decision is not a subject of appeal and the proceedings should be discontinued.
