UN urged to take legal action at ICJ to uphold Francesca Albanese’s immunity

 Special rapporteurs enjoy full diplomatic immunity under international law. Fellow experts suggest US sanctions can be subject of proceedings at the International Court of Justice

Francesca Albanese gives a statement after meeting with the Slovenian parliament's Friendship Group with Palestine, in Ljubljana, on 10 July 2025 (AFP)

By Sondos Asem

Published date: 11 July 2025 17:32 BST | Last update: 4 hours 24 mins ago

The US sanctioning of the UN special rapporteur on Palestine, Francesca Albanese, has prompted calls for legal action at the International Court of Justice (ICJ) on account of her diplomatic immunity.

Albanese was sanctioned by the US on Wednesday in connection with her work as a UN expert scrutinising Israeli and US actions in occupied Palestine. 

The 1946 Convention on the Privileges and Immunities of the UN, to which the US is a party, enshrines the immunity of UN special rapporteurs from legal process of any kind. 

The immunity granted to UN experts aims at enabling them to carry out their work independently without interruption. 

The ICJ does not have jurisdiction over the US in inter-state disputes, but other states can request an advisory opinion by the court, which is an authoritative legal opinion on the matter. 

“The United Nations Secretary-General could protest such violations to the US directly to attempt to have them removed, or the UN General Assembly could request an advisory opinion from the ICJ,” explained Ben Saul, UN special rapporteur on counterterrorism and human rights.  

Agnes Callamard, head of the world’s leading human rights organisation Amnesty International and a former special rapporteur, said the UN should act to shield Albanese from the impact of sanctions.

'We cannot let the UN off the hook'

- Agnes Callamard, Amnesty International

“I think what is more likely to have an impact is other governments, including Albanese’s own government and the EU to take a very strong stand against the sanctions,” she told Middle East Eye.

“But we cannot let the UN off the hook, and we do need to demand that it responds to the attack.”

Guterres's spokesman Stephane Dujarric on Thursday denounced the sanctions as “unacceptable” but did not outline concrete measures that will be taken to protect Albanese.

MEE has reached out to Dujarric for further comment.

Balakrishnan Rajagopal, the UN rapporteur on the right to adequate housing, said the UN has a duty to act.

“Legally, the UN must take a clear stand that all rapporteurs enjoy immunity from all legal processes and must be facilitated to discharge their responsibilities during their term, including their right to attend relevant UN General Assembly sessions in New York,” Rajagopal told MEE.

“The UN must also be prepared to legally defend the rights of rapporteurs before relevant international courts such as the ICJ.”

'An economy of genocide'

UN special rapporteurs are independent experts appointed by the Geneva-based United Nations Human Rights Council to monitor, report on and advise on specific human rights issues or country situations. 

Due to their criticism of human rights policies, they are often subject to retaliation by states. Some, including Callamard and Albanese, have been declared persona non grata or threatened with lawsuits. But the sanctions against Albanese are a first. 

Francesca Albanese: Who is she, and why is the US sanctioning her?

Read More »

The ICJ, the UN's highest court, is currently examining a case on the legality of Israeli attacks on the UN. 

The sanctions follow Albanese's scathing report published on 30 June, in which she named over 60 companies - including major US technology firms which she said were involved in "the transformation of Israel's economy of occupation to an economy of genocide".

The report called on the International Criminal Court (ICC) and national judicial systems to investigate and prosecute corporate executives and companies. It also called on UN member states to pursue sanctions and asset freezes. 

In his statement announcing the sanctions, US Secretary of State Marco Rubio accused Albanese of engaging in "economic warfare" against his country and of seeking to prompt ICC action against US and Israeli entities. 

The sanctions will freeze any assets Albanese has in the US and would likely restrict her ability to travel to the US. 

Albanese is an Italian citizen. If the sanctions are fully enforced, they could also prohibit her from engaging in financial transactions within the European Union.

https://www.middleeasteye.net/news/un-urged-take-legal-action-icj-defend-francesca-albaneses-diplomatic-immunity?utm_source=twitter&utm_medium=social&utm_campaign=Social_Traffic&utm_content=ap_xvze19rtg4