Will the UN Pillory Francesca Albanese?

TRANSCEND MEMBERS, 7 Apr 2025

Richard Falk | Global Justice in the 21st Century – TRANSCEND Media Service

3 Apr 2025 – This post is based on my responses to Murat Sofuoglu, a journalist from TRT World in Turkey devoted to the reappointment of Francesca Albanese, published on 3 Apr 2025. Although the article relies on the interview, its tone and content are quite different. This is another pivotal moment for the UN, and specifically for its Human Rights Council, raising the question whether the organization is subject to geopolitical manipulation in addressing controversial issues that test the UN’s political independence. Tomorrow the UN Human Rights Council Assembly of Governments will vote on whether to reappoint Francesca Albanese as Special Rapporteur for Occupied Palestinian Territories for a second term of three years. She has been accused of ‘virulent antisemitism’ in carrying out this controversial role.

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1. How do you feel about her mandate extension vote on April 4?

The renewal of a Special Rapporteur mandate after three years for an additional and final term of three years completes six years of unpaid voluntary service to the UN Human Rights Council. Having known many SRs, especially during my own six years as SR for Occupied Palestine (2008-2014), I encountered not a single case of non-renewal for a second term as SR. Unlike the initial appointment, which is by consensus, that is, there must be no dissenting votes by governments that are members of the Human Rights Council, the second three-year term is by majority vote.

In the case of Francesca Albanese, the argument for her approval is overwhelmingly strong. She has displayed great energy and commitment in meeting the challenge of this sensitive position despite encountering irresponsible opposition since day one to her performance at every turn led by the Israeli partisan civil society organization, UN Watch. She has been repeatedly attacked as an antisemite, which is totally a totally defamatory smear that has been repeated by Israeli media and lobbying organizations around the world even influencing Western governments to varying degrees. Similar attacks, although less ferocious, have been directed at each of the three SRs that preceded Francesca Albanese. Knowing her well, I can affirm that she is a person of the highest moral character, a true champion of human rights, and someone who is entirely free from prejudice against any ethnicity, including of course the Jewish people. At the same time, she is an unsparing critic of Israel as a state guilty of settler colonial policies and practices that made the Palestinian people suffer extreme harm and hardships since 1948. Israel and its minions around the world have increasingly relied on a ‘politics of diversion,’ which has meant in this setting to shift as much attention as possible away from the message and toward the credibility of the messenger.

2. Do you believe that she will be reappointed as Special Rapporteur by the UN Human Rights Council?

If Albanese is not reappointed it will be greatly damaging to the reputation of the UN, and particularly the Human Rights Council as it would represent a punitive response to her courageous diligence and overall competence that warrants praise and unconditional support given the surrounding circumstances. She has produced the most widely read and influential SR reports in the entire history of the HRC during her first term, which coincided with a period of Israeli behavior widely condemned by world public opinion as an instance of transparent genocide reported to the world in real time by virtue of digital age communications. Her two reports on Israeli genocide are carefully researched and presented in accord with the highest scholarly standards and widely discussed in the media and academic gatherings. Instead of her appointment coming under special scrutiny, her performance should be celebrated as contributing to a knowledge-based understanding of the relations between state violence and international criminal law in the context of allegations of genocide.

3. How do you see pro-Israeli opposition against her reappointment?

It seems likely that Israel, although not a member of the HRC, will go all out in denouncing Albanese, and treat her as the poster child of UN antisemitic hostility to Israel, a country that Israeli supporters argue is being held to higher standards than any other country in the world only because it is a self-proclaimed Jewish state. Such a propagandist contention ducks the substantive question as to whether Israel has responded to the October 7 Hamas attack by engaging in practices that violate the Genocide Convention.

It is quite likely, although far from certain, that the heavy load of opposing Albanese will be carried by UN Watch, a notorious NGO that unconditionally defends every Israeli atrocity by engaging in repeated character assassinations of those like Albanese are brave enough to mount fact- and law-based criticisms. The recent withdrawal of the US from the HRC is probably helpful from the perspective of weakening pressure on Western governments to oppose her reappointment, although a few European states have expressed opposition to the reappointment of Albanese and indicate that that they might vote against her. It is possible that unconvincing allegations of receiving funding and paid travel in violation of UN rules could be brought up in the HRC debate to discredit her in the course of a debate prior to the vote.

It is also possible that Israel will see the writing on the wall, and not further tarnish its own reputation by openly opposing such a qualified candidate for reappointment, but doubtful. Israel is more likely to seize the occasion as one more way to castigate the UN for spreading venomous slander by shielding anti-Israel personnel and promoting their racist attitudes. This is shameful, of course, in view of Israel’s own criminal behavior being convincingly condemned by the International Court of Justice and International Criminal Court in several near unanimous authoritative decisions.

4. During her first term, her outspokenness against Israeli policies and genocide in Gaza has marked an extraordinary period in UN history and even for human rights struggle in world history. How do you reflect to support and opposition she has received during this period?

The overwhelming majority of people in the world endorse the views professionally set forth in Francesca Albanese’s fine reports to the HRC that have activated the moral conscience of the world to endorse allegations of genocide and other crimes that she has documented and denounced. On the basis of such reports, it is a source of widespread disappointment that the UN and leading states have failed to enforce international law in ways that protect the long-suffering Palestinian people against such flagrant unlawful and unjust treatment. Palestine have been victimized and persecuted in their own homeland ever since Israel was established in 1948. International law has been authoritatively declared. What is missing is its ‘enforcement.’

This ‘enforcement gap’ must be closed if the human rights of vulnerable people are to be protected. This involves more than ending impunity for Israel. It requires UN reform, especially limiting the role of the veto power given to the five winners of World War II in the Security Council and empowering the General Assembly to enforce international law whenever the Security Council is somehow blocked in the future from carrying out its basic undertakings, especially as here where apartheid, genocide, ecocide, as well as flagrant collective punishment are at stake.

In the immediate instance of this crucial reappointment vote on April 4th, it is essential that the UN meets the challenge of supporting a brave, dedicated, and talented SR who has persisted in her role despite receiving little by way of support from the UN Secretary General Antonio Guterres and other high level UN civil servants, including the High Commissioner of the HRC, Volker Türk. There have been unanswered calls from her removal from the SR position by members of the US Congress and in an unverifed public statement by the former US Special Envoy on Antisemitism, Deborah Lipstadt, that the UN Secretary General called Albanese ‘a horrible person’ in private conversation. [Times of Israel, Jan. 15, 2025] Not to be outdone, Hillel Neuer, longtime director of UN Watch, submitted a 55 page document to the SG that outlined Albanese’s violations of the UN Code of Conduct that is applicable to those who serve the UN. His wider view was unrelenting view that Albanese was disqualified for reappointment because of the consistent antisemitism she exhibited in carrying out the UN mandate on Occupied Palestinian Territories.

This test case at the HRC tomorrow will cast another dark  shadow over the UN reputation should a majority of HRC member states vote against Albanese’s reappointment. It would create a terrible precedent for the future as well as render a grave personal injustice in the present. It would discourage many persons of conscience from taking on these voluntary positions at the UN that are neither compensated nor insulated from the whiplash of geopolitics and the dangers of being unprotected by the UN in the face of threats and disgraceful insults.

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Prof. Richard Falk is a member of the TRANSCEND Network, Albert G. Milbank Professor Emeritus of International Law at Princeton University, Chair of Global Law, Faculty of Law, at Queen Mary University London, Research Associate the Orfalea Center of Global Studies at the University of California, Santa Barbara, and Fellow of the Tellus Institute. He directed the project on Global Climate Change, Human Security, and Democracy at UCSB and formerly served as director the North American group in the World Order Models Project. Between 2008 and 2014, Falk served as UN Special Rapporteur on Human Rights in Occupied Palestine. His book, (Re)Imagining Humane Global Governance (2014), proposes a value-oriented assessment of world order and future trends. His most recent books are Power Shift (2016); Revisiting the Vietnam War (2017); On Nuclear Weapons: Denuclearization, Demilitarization and Disarmament (2019); and On Public Imagination: A Political & Ethical Imperative, ed. with Victor Faessel & Michael Curtin (2019). He is the author or coauthor of other books, including Religion and Humane Global Governance (2001), Explorations at the Edge of Time (1993), Revolutionaries and Functionaries (1988), The Promise of World Order (1988), Indefensible Weapons (with Robert Jay Lifton, 1983), A Study of Future Worlds (1975), and This Endangered Planet (1972). His memoir, Public Intellectual: The Life of a Citizen Pilgrim was published in March 2021 and received an award from Global Policy Institute at Loyala Marymount University as ‘the best book of 2021.’ He has been nominated frequently for the Nobel Peace Prize since 2009.

Go to Original – richardfalk.org

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