{"id":299969,"date":"2025-07-28T12:00:53","date_gmt":"2025-07-28T11:00:53","guid":{"rendered":"https:\/\/www.transcend.org\/tms\/?p=299969"},"modified":"2025-07-27T06:00:23","modified_gmt":"2025-07-27T05:00:23","slug":"silencing-the-mandate-us-sanctions-on-francesca-albanese-a-symbol-of-international-laws-twilight","status":"publish","type":"post","link":"https:\/\/www.transcend.org\/tms\/2025\/07\/silencing-the-mandate-us-sanctions-on-francesca-albanese-a-symbol-of-international-laws-twilight\/","title":{"rendered":"Silencing the Mandate: US Sanctions on Francesca Albanese a Symbol of International Law\u2019s Twilight"},"content":{"rendered":"

SHAPE Statement of Solidarity<\/em><\/strong><\/p>\n

\"\"<\/a><\/p>\n

Imagine a scene worthy of Orwell\u2019s worst nightmare: a United Nations envoy, appointed to report on human rights violations, excellently performing in her job despite formidable difficulties, and met with sanctions by one of the world\u2019s most powerful nations. But this isn\u2019t satire; it\u2019s July 2025.<\/p>\n

SHAPE \u2013 the global human rights and global reform organization \u2013 stands in full solidarity with UN Special Rapporteur Francesca Albanese, whose crime was to fulfil her mandate independently and fearlessly in the face of baseless opposition from transgressing governments, notably the United States and Israel.<\/p>\n

On July 9, Secretary of State Marco Rubio \u2013 yes, that Marco Rubio \u2013 barring Albanese from entering the US. His justification? A 2025 Executive Order (E.O. 14203), originally aimed at the ICC Chief Prosecutors, had been weaponized to freeze her assets, revoke her visa, and dissuade any US entity from doing business with her. The reason? She had the audacity to publicly criticize Israel \u2013 and Italy, France, Greece \u2013 for aiding Benjamin Netanyahu, who is himself wanted for prosecution under an ICC arrest warrant for alleged war crimes in Gaza.<\/p>\n

Those who raised their eyebrows, the UN Secretary-General, the ICC, Human Rights Watch, Amnesty International and the International Commission of Jurists, warned that this move is a \u201cdangerous precedent.\u201d Indeed, what better way to blunt the toothlessness of human rights scrutiny than by slapping sanctions on one of its most vocal advocates?<\/p>\n

1. Purposeful Irony: Sanctioning Those Who Name Crimes\u00a0<\/em><\/h4>\n

Let\u2019s begin with the basics, or what should be normal practice in a functional international system. UN Special Rapporteurs enjoy immunity from all forms of governmental interference with their UN duties under the 1946 Convention on the Privileges and Immunities of the UN, shielding them from legal or financial retaliation for official duties.<\/p>\n

The US is under an additional set of obligations under the Host Country Agreement given that UN Headquarters are situated within its sovereign territory. The International Court of Justice reaffirmed this in 1999: special rapporteurs, when on mission for the UN, are immune from any legal obstruction imposed by UN member states.<\/p>\n

So why sanction Albanese? Because she dared call out genocide. In her June 2025 report, she accused more than 60 corporations\u2014including major US firms\u2014of enabling what she termed an \u201ceconomy of genocide\u201d in Gaza. If pointing out war crimes is now grounds for punishment, congratulations. We\u2019ve officially redefined accountability as a potentially punishable response to criminality.<\/p>\n

As Amnesty International\u2019s Secretary General Agn\u00e8s Callamard put it, these sanctions “are a shameless and transparent attack on the fundamental principles of international justice.\u201d Meanwhile, Human Rights Watch\u2019s Liz Evenson warns that this is “attempt[ing] to deter prosecution of Israeli war crimes and genocide in Gaza.” Let\u2019s call it what it is: sanctioning of truth-telling<\/em> that by proper legal procedures can lead to the prosecution and punishment<\/em> of perpetrators.<\/p>\n

2. Chilling the Watchdogs: A Gag Order on Global Justice\u00a0<\/em><\/h4>\n

The United States, championing freedom and democracy, now shows us how to muzzle independent experts. The sanctions on Albanese are not an isolated instance. They follow a travel ban on ICC Chief Prosecutor Karim Khan in February and sanctions on ICC judges in June.<\/p>\n

Rubio described Albanese\u2019s work as \u201cillegitimate and shameful,\u201d accusing her of antisemitism and supporting terrorism. Irony of ironies: her report highlighted corporate complicity in mass killing, yet she is absurdly accused of launching a hateful campaign and of all things, engaged in \u2018economic warfare\u2019 against Israel and the United States. It\u2019s like prosecuting a fire alarm for disrupting sleep.<\/p>\n

This is not just an insult to one individual, it is a threat to the entire UN system of Special Procedures. As ICJ\u2019s Sa\u00efd Benarbia pointed out, punishing Albanese \u201cpresents an existential threat to the mandate of all UN Special Procedures and the entire UN human rights machinery.\u201d In other words\u2014researchers, investigators, and rapporteurs, take note: speak truth, face sanctions.<\/p>\n

Even the ever cautious UN High Commissioner for Human Rights Volker T\u00fcrk urged Washington to “reverse course” and reminded the US Government that “even in the face of fierce disagreement, U.N. Member States should engage substantively and constructively, rather than resort to punitive measures.\u201d But apparently, diplomacy is for wimps. As of now, Turk\u2018s remark has been greeted with stony silence.<\/p>\n

3. The Legal Farce: Jurisdiction Baked, Immunity Ignored\u00a0<\/em><\/h4>\n

One of the peculiar justifications for these sanctions is that the ICC lacks authority unless the accused\u2019s home country is a party to the treaty. This ignores the Rome Statute and decades of ICC jurisprudence. In any case, territorial jurisdiction established by Palestine’s accession to the Roe Statute of the ICC (January 2, 2015) is entirely sufficient.<\/p>\n

Thus, the Executive Order and Rubio\u2019s rhetoric are legal fictions. Worse, labeling Albanese\u2019s call for cooperation with the ICC as \u201clawfare\u201d exposes the real motive: it\u2019s politics, plain and simple. And as Amnesty notes, these measures “are a continuation of the Trump administration’s assault on international law and its efforts to protect the Israeli government from accountability at all costs.\u201d<\/p>\n

Albanese has retorted poignantly that the sanctions \u201care not a sign of power, it’s a sign of guilt\u201d Indeed: it\u2019s the sound of a system creaking for fear of scrutiny.<\/p>\n

4. Stand with SHAPE: Defending Integrity, Accountability, and Justice<\/em><\/h4>\n

At SHAPE, we see this for what it is: a naked attempt to discredit international human rights safeguards and insulate Israel and complicit states and corporations from criticism and, above all, accountability. We salute Albanese\u2019s courage, her steadfast independence, her faith in law and justice, and her readiness to call out the ugliest realities. She stands on the side of justice, not because she seeks glory, but because she was appointed to be a truth-telling witness and qualified expert with precisely that UN assignment.<\/p>\n

SHAPE\u2019s mission is to reinforce and strengthen a global order based on human rights and justice-driven law. By targeting Albanese, the US has targeted that order. Enough. We call on every state and international body with a shred of commitment to justice to condemn these sanctions in clear terms.<\/p>\n

The European Union, UN General Assembly, ICC States Parties, NGOs, academic institutions, and law firms must do more than issue statements. They must pressure Washington to immediately rescind the sanctions. The inter-governmental system has failed to halt genocide for more than 21 months, leaving it up to the peoples of the world to rise up, and demand protection of the Palestinians people, too long victims of acute injustice.<\/p>\n

This isn\u2019t just about Albanese. It\u2019s about whether UN appointed investigators anywhere can shine light on atrocities without fearing asset freezes or travel bans from mighty powers.<\/p>\n

5. When Diplomacy Turns to Bullying: The Dangerous Shift<\/em><\/h4>\n

There was a time when sanctions were tools of last resort, used against terrorists, dictators, nuclearism. Today? They\u2019re fashionable weapons in geopolitical chess. Want to silence a rapporteur? Freeze her bank account. Want to pressure the ICC? Sanction its judges. Want the world to stay silent on Gaza? Threaten anyone who calls the genocidal ravaging of the Gaza Strip what it is.<\/p>\n

Rubio claimed Albanese has \u201cspewed unabashed antisemitism,\u201d despite her scholarly record, established humanistic outlook, and detailed, footnoted reports. But what better smear against a truth-teller than accusing her of hate? It\u2019s a classic: shout \u201cantisemite\u201d loudly and often enough, and any serious engagement with her evidence becomes problematic.<\/p>\n

The US\u2019s position risks normalizing a dystopian bargain: we\u2019ll respect your freedom of speech\u2014just don\u2019t say anything we dislike. The rest of the world must reject this bargain.<\/p>\n

Conclusion: The Moment to Choose<\/h4>\n

SHAPE stands squarely with Francesca Albanese as she faces sanctions for exposing genocide, urging corporate accountability, and holding autocrats and their allies obliged to show respect for international law. This moment demands clarity: do we defend international justice and the UN from political retribution, or do we cower when giants resort to coercion?<\/p>\n

We choose justice. We choose accountability. We choose Albanese.<\/p>\n

To Rubio, Trump, and any official who thinks silencing a rapporteur is diplomacy: shame on you. By attacking Albanese\u2019s immunity and independence, you\u2019re attacking the idea that truth matters. And that cannot stand.<\/p>\n

SHAPE urges all states to demand the immediate retraction of all sanctions under Executive Order 14203 against Albanese \u2013 and any UN official or appointee that in the future may be harassed for doing their job. We affirm our full solidarity with her, and to the defense of international human rights mechanisms everywhere.<\/p>\n

We end with a simple message: You may freeze a bank account or revoke a visa, but you cannot freeze truth, you cannot revoke justice. Silence is not an option. The world is watching.<\/p>\n

Issued on behalf of SHAPE by
\nProfessor Emeritus Richard Falk
\nDr Chandra Muzaffar
\nProfessor Emeritus Joseph Camilleri OAM<\/strong>
\nSHAPE Co-Conveners
\n25 July 2025<\/p>\n

Thanks are due to Professor Junaid Ahmad, member of the SHAPE Coordinating Committee, who drafted the substance of this Statement.<\/em><\/p>\n

Email: savinghumanityandplanetearth@gmail.com<\/a><\/p>\n

Go to Original – theshapeproject.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

SHAPE Statement of Solidarity – Imagine a scene worthy of Orwell\u2019s worst nightmare: a United Nations envoy, appointed to report on human rights violations, excellently performing in her job despite formidable difficulties, and met with sanctions by one of the world\u2019s most powerful nations. But this isn\u2019t satire; it\u2019s July 2025.<\/p>\n","protected":false},"author":4,"featured_media":238110,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[199],"tags":[3395,87,865,88,427,3087,1949,124],"class_list":["post-299969","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-announcements","tag-francesca-albanese","tag-gaza","tag-genocide","tag-israel","tag-palestine","tag-saving-humanity-and-planet-earth-shape","tag-un-human-rights-council","tag-united-nations"],"_links":{"self":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts\/299969","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/comments?post=299969"}],"version-history":[{"count":3,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts\/299969\/revisions"}],"predecessor-version":[{"id":299983,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts\/299969\/revisions\/299983"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/media\/238110"}],"wp:attachment":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/media?parent=299969"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/categories?post=299969"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/tags?post=299969"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}