The Special Rapporteur enjoys full diplomatic immunity under international law. fellow experts suggest that sanctions could be subject to litigation before the International Court of Justice.
The US sanctions of Palestinian UN Special Rapporteur Francesca Albanese have urged a call for legal action at the International Court of Justice (ICJ) for her immunity to exempt her from diplomatic immunity.
Albanese was approved by the US on Wednesday in connection with Israel’s scrutiny as a UN expert and her work as a US action in occupied Palestine.
Albanese is the first mission holder in UN history to be subject to sanctions.
The 1946 Convention on Privileges and Immunities of the United Nations, where the United States is a party, enshrines the immunity of the United Nations Special Rapporteur from any kind of legal process.
The immunity granted to UN experts aims to enable them to perform their work independently without interruption.
The ICJ, the United Nations’ highest court, has no jurisdiction over the United States in controversial interstate disputes without consent. However, other states may request that the United Nations General Assembly or other approved United Nations organs seek advisory opinions from the courts that constitute an authoritative legal decision.
“The UN Secretary-General (Antonio Guterres) could either directly protest such violations against the United States or request an advisory opinion from the UN General Assembly from the ICJ,” Ben Saul, professor of international law and special UN rapporteur, told the Middle Eastern eyes.
Agnes Caramado, former Special Rapporteur of Amnesty International, one of the world’s leading human rights organizations, said the UN and member states should act to protect Albanese from the effects of sanctions.
“I think the most likely impact is Albanese’s own government (Italy) and other governments, including the EU taking a very strong position on sanctions,” she said in an interview with Me.
“But we cannot remove the UN from the hook. We need to request that we respond to the attack.”
Guterres spokesman Stephen Dujarik on Thursday accused the sanctions of “unacceptable” but did not outline the measures taken to protect Albanese.
Mee asked Dujarric to comment further on what the UN will do to maintain Albanese’s immunity.
Professor Balakrishnanrajagopal, the UN’s rapporteur on the rights of proper housing, said the UN has an obligation to act.
“Legally, the United Nations must take a clear position that all rapporteurs must enjoy immunity from all legal proceedings and be promoted to fulfill their liability during their term of office.
“The United Nations must prepare to legally defend the rights of the rapporteur before any relevant international courts, such as the ICJ.”
How can I bring an Albanese case before an ICJ?
According to Professor Sergei Vasiliev, a leading expert in the International Courts, sanctions against Albanese belong to the definition of “any kind of legal process” regarding the language that was made in the course of their mission’s performance, as provided in the 1946 Convention on Privilege and the United Nations’ Disputes.
“As independent UN experts, the Albaneseans are being persecuted by the US government precisely because of the words spoken and written in their capabilities,” Vasiliev told Me.
The works she is targeted include, among other things, her latest reports, but all her previous investigations and advocacy on behalf of the Palestinians, he added.
Vasiliev explained that, according to the Disputes Act clause of the 1946 Convention (section 30), disputes regarding the interpretation or application of the Convention will be referred to the ICJ unless the parties agree to use a different mechanism, as the United States did not reserve.
“United Nations members who are struggling with US enforcement measures can express their protest and work to fragrate it as a dispute about interpretation or application, with the aim of bringing lawsuits against the US to the ICJ,” Vasiliev, a professor of international law at the Open University of the Netherlands, told Me. “Whether this is successful depends on how the ICJ interprets the first sentence of Section 30 and how it addresses the issue of the status of that state.”
Furthermore, the second sentence in Section 30 allows the ICJ to submit a request to the ICJ for recommendation opinions on legal issues if there is a difference between the United Nations and one of its members. Such opinions must be accepted by the decisive parties.
International counsel cited an example of the 1999 advisory opinion by the ICJ. The court was entitled to immunity from all sorts of legal processes after Dato ‘Param Cumaraswamy, the special rapporteur on the independence of judges and lawyers at the time, after facing a lawsuit in a Malaysian court that he published in a critical interview in the journal.
The ICJ has directed the Malaysian government to notify the court accordingly.
Various UN officials have opposed the sanctions. Guterres’ office denounced them as “a dangerous precedent,” with the high commissioner of the UN Human Rights Volker Tarc and President Jurg Lauber of the UN Human Rights Council calling for a reversal.
“There is clearly a difference between the United Nations and the United States. It arises from the interpretation or application of the treaty. If these recommendations fail – if they are likely to do so, the UN involved should look into how to seize the ICJ on this issue,” Vasiliev said.
“The Economy of Genocide”
The UN Special Rapporteur is an independent expert appointed by the Geneva-based UN Human Rights Council, who monitors, reports and advises specific human rights issues or the situation in the country.
Their criticism of human rights policies often leads to state retaliation. Some people, including Caramado and Albanese, have been declared not persona or are threatened in lawsuits. However, sanctions against Albanese are the first.
The sanctions follow Albanese’s scathing report issued on June 30th. She has appointed over 60 companies. This includes the major US technology companies that have said they are involved in “the transformation of Israel’s occupation into an economy of genocide.”
The report called on the International Criminal Court (ICC) and the national judicial system to investigate and prosecute corporate executives and businesses. It also called on UN member states to pursue sanctions and assets freezes.
In his statement, announcing the sanctions, Secretary of State Marco Rubio accused the Albanese of engaging in “economic wars” against their country and attempting to promote the ICC’s actions against US and Israeli entities.
Sanctions are potentially widespread. They will freeze the assets Albanese has in the United States and will likely limit their ability to travel to the United States.
Albanese is an Italian citizen. If sanctions are fully enforced, they could also prohibit her from engaging in financial transactions within the European Union.
From Mee on how sanctions affect her, her family and her ability to do her job, Albanese said:
“We do everything it needs to do. We continue to do what we do to oppose genocide.”
The ICJ is currently investigating lawsuits relating to the legality of Israeli attacks against the United Nations. The lawsuit was urged in October by Israeli banning the United Nations Agency (UNRWA) for Palestinian refugees. This is an incident that sparked global rage due to accusations that Israel had violated the UN Charter, particularly the privileges and immunity of the UN agencies.