The Trump administration asked a federal appeals court on Tuesday to overturn a May 2026 ruling that blocked U.S. sanctions against Francesca Albanese, a United Nations special rapporteur. The government argued that Albanese, whom the global body considers an “independent expert,” doesn’t have free speech rights under the Constitution as a non-U.S. citizen.
In a 65-page brief filed with the U.S. Court of Appeals for the District of Columbia Circuit, the U.S. Department of Justice argued that the lower court erred in finding that Albanese was likely protected by the First Amendment in her efforts to spur International Criminal Court action against Israeli officials.
The court, based in The Hague, is an independent judicial body not associated with the United Nations, and the United States and Israel are not parties to the court.
Albanese, who is not a plaintiff in the case, is an Italian citizen who lives outside the United States, and the speech at issue occurred abroad, according to the filing. Albanese’s husband, Massimiliano Cali, and their U.S.-citizen daughter challenged the designation.
“The U.S. is right to appeal,” Hillel Neuer, executive director of United Nations Watch, told JNS. “The First Amendment does not give a foreign UN official living abroad a constitutional right to use her mandate to advance ICC prosecutions against Americans and Israelis.”
“This was never simply about Albanese expressing controversial opinions,” Neuer said. “As UN Watch documented in our amicus brief, she repeatedly used her UN position to press the ICC for investigations, indictments and arrest warrants, and even threatened American organizations with criminal prosecution. That is targeted action, not academic commentary.”
Neuer recommended that the U.S. maintain the sanctions “and the UN must stop treating Albanese as untouchable.”
“She is acting as the de facto spokesperson of Hamas,” he told JNS. It’s time to terminate her mandate, stop shielding her misconduct, and hold her accountable for turning a human rights position into a weapon of political and legal warfare.”
U.S. Secretary of State Marco Rubio designated Albanese for sanctions in July 2025 under an executive order targeting foreign nationals who assist the Hague-based court’s investigations or prosecutions of Americans or citizens of allied countries that have not accepted the court’s jurisdiction.
The court issued warrants for Israeli officials, including Prime Minister Benjamin Netanyahu. The court’s chief prosecutor, who brought the charges, has since been removed from the ICC amid allegations of sexual misconduct.
“Albanese is a foreign citizen living outside the United States, and her allegedly protected speech occurred outside the United States,” the filing states. “Albanese is thus not protected by the First Amendment, and plaintiffs’ claim must fail.”
