US Appeals Court Refuses to Lift Sanctions on UN Palestine Rights Expert During Ongoing Case

A US federal appeals court has allowed sanctions imposed on a United Nations human rights expert to remain in effect while a legal challenge against those sanctions proceeds through the courts.

The dispute involves Francesca Albanese, an Italian human rights lawyer serving as the UN Special Rapporteur on human rights in the Palestinian territories. In 2025, the US government imposed sanctions on Albanese after she publicly supported efforts to investigate and prosecute individuals allegedly responsible for crimes committed during the conflict in Gaza, including calls for action by the International Criminal Court against senior Israeli officials.

The sanctions were announced by Marco Rubio under a presidential executive order. According to the US government, Albanese sought to encourage international legal proceedings against citizens of the United States and Israel without the consent of those countries. As a result, she was designated under US sanctions regulations, leading to restrictions on her financial assets and dealings involving US persons.

Albanese's family challenged the sanctions in court, arguing that they unlawfully burden protected speech and advocacy activities. A lower court initially granted temporary relief, but the US government appealed that decision.

A panel of the United States Court of Appeals for the District of Columbia Circuit partially stayed the lower court's injunction, meaning the sanctions will continue to operate while the appeal is decided.

In a separate concurring opinion, Judge Gregory Katsas questioned whether Albanese's free speech arguments are likely to succeed. He noted that constitutional free speech protections generally do not extend to foreign citizens residing outside US territory. The judge also stated that considerations involving foreign policy and national security weighed in favour of allowing the sanctions to remain in force during the litigation.

The case raises broader questions about the extent to which the United States can use sanctions against international human rights officials and whether such measures may affect the independence of UN mandate holders.