Global Justice in the 21st Century

[Prefatory Note: the post below is The Sarajevo Declaration of the Gaza Tribunal, a consensus document prepared in conjunction with participants in the first of two Public Sessions of the Gaza Tribunal, released on May 29, 2025. The second session of the tribunal is scheduled for late October. The proceedings in Sarajevo consisted of survivor testimony from Gaza, invited expert speakers, a roundtable on media complicity, and the reports of three chambers tasked with documenting evidence and consequences of alleged genocide and crimes associated with forcible application of the Settler Colonial Project to Gaza following October 7, as well as the failure of the UN, growing public protests, and of leading governments to bring the genocide to an end in accordance with international law and hold the perpetrators accountable. The Sarajevo Declaration is a comprehensive text intended to convey the orientation, broad scope of the goals of civil society solidarity activation and reflecting the diversity of concerns among members of the Gaza Tribunal community. Sarajevo was our chosen site to express symbolic solidarity with an earlier genocide at Srebrenica that occurred 30 years ago. Encourage wide sharing of the Sarajevo Declaration. It is my honor to serve as president of the GTP in concert with dedicated scholars, witnesses, and activists from around the world, including the inspiring participation of our Palestinian sisters and brothers.]

                                    The Sarajevo Declaration of the Gaza Tribunal

28 May We, the members of the Gaza Tribunal, having gathered in Sarajevo from 26 to 29 May 2025, declare our collective moral outrage at the continuing genocide in Palestine, our solidarity with the people of Palestine, and our commitment to working with partners across global civil society to end the genocide and to ensure accountability for perpetrators and enablers, redress for victims and survivors, the building of a more just international order, and a free Palestine.

We condemn the Israeli regime, its perpetration of genocide, and its decades-long policies and practices of settler colonialism, ethno-supremacism, apartheid, racial segregation, persecution, unlawful settlements, the denial of the right to return, collective punishment, mass detention, torture and cruel and inhuman treatment and punishment, extrajudicial executions, systematic sexual violence, demolitions, forced displacement and expulsions, ethnic purges and forced demographic change, forced starvation, the systematic denial of all economic and social rights, and extermination.

We are horrified by the Israeli regime’s systematic devastation of Palestinian lives, lands, and livelihoods, including its intentional destruction of all sources and systems for food, water, healthcare, education, housing, culture, as well as mosques, churches, aid facilities, and refugee shelters, and its targeting of medical personnel, journalists, aid workers, and United Nations staff, and its direct targeting of civilians, including children and older persons, women and men,  girls and boys, persons with disabilities and those with medical conditions.

We demand an immediate withdrawal of Israeli forces and an end to the genocide, to all Israeli military action, to forced displacement and expulsions, to settlement activities, to the siege of Gaza and restrictions on movement in the West Bank. We call for the immediate and unconditional release of all prisoners, including the thousands of Palestinian women, men and children held in abusive Israeli detention facilities. We insist on the immediate resumption of massive humanitarian aid to all of Gaza without restriction or interference, including food, water, shelter, medical supplies and equipment, sanitary equipment, rescue equipment, and construction materials and equipment. We call as well for a complete withdrawal of all Israeli forces from all Lebanese and Syrian territory.

We call for an end of the smearing of UNRWA and other humanitarian workers, for the free and unhindered access of UNRWA and all other United Nations and humanitarian organizations in all areas of Gaza and the West Bank, for full compensation by the Israeli regime for damage caused to UN and humanitarian facilities, alongside full compensation and reparations to the Palestinian people, and for full accountability for the harassment, abduction, torture, and murder of UNRWA and other humanitarian workers and their families.

We call on all governments and on regional and international organizations to end the historic scandal of inaction that has characterized the past nineteen months, to urgently respond with all means at their disposal to end the Israeli assault and siege, to uphold international law, to hold perpetrators to account, and to provide immediate relief and protection to the people of Palestine.

We denounce the continued complicity of governments in the perpetration of Israeli war crimes, crimes against humanity, and genocide in Palestine, and the shameful role of many media corporations in covering up the genocide, dehumanizing Palestinians, and in the dissemination of propaganda fueling anti-Palestinian racism, war crimes, and genocide.  

We equally denounce the wave of persecution and crackdowns on human rights defenders, peace activists, students, academics, workers, professionals, and others, perpetrated by Western governments, police agencies, the private sector, and educational institutions. We honor those who, despite this persecution, have had the courage and moral convictions to stand up and speak out against these historic horrors, and we insist on the full protection of the human rights of free expression, opinion, assembly, and association, as well as the right to defend human rights without harassment, retaliation, or persecution.

We reject the unjust tactic of smearing as “antisemites” or “supporters of terrorism” all those who dare to speak up and act to defend the rights of the Palestinian people and to condemn the injustices and atrocities of the Israeli regime and its perpetration of apartheid and genocide, or those who criticize the ideology of political Zionism. We stand in solidarity with all those who have been smeared or punished in this way.

We are convinced that the struggle against all forms of racism, bigotry, and discrimination necessarily includes the equal rejection of Islamophobia, anti-Arab and anti-Palestinian racism, and antisemitism. It also includes an acknowledgment of the horrific effects that Zionism, apartheid, and settler-colonialism have had and continue to have on the Palestinian people. We commit to fighting all such scourges.

We also reject the destructive ideology of political Zionism, as the official state ideology of the Israeli regime, of the forces that colonized Palestine and established the Israeli state on its ruins, and of pro-Israel organizations and proxies today. We insist, in the words of the Universal Declaration of Human Rights, that all human beings are born free and equal in dignity and rights, and that there are no exceptions to this rule. We call for decolonization across the land, an end to the ethno-supremacist order, and the replacement of political Zionism with a dispensation founded on equal human rights for Christians, Muslims, Jews, and others.

We are inspired by the courageous resistance and resilience of the Palestinian people in the face of over a century of persecution, and by the growing movement of millions standing in solidarity with them around the world, including the principled advocacy and nonviolent action of thousands of Jewish activists who have rejected the Israeli regime and its ethnonationalist ideology, and have declared that the Israeli regime neither represents them nor acts in their name.

We recognize the right of the Palestinian people to resist foreign occupation, colonial domination, apartheid, subjugation by a racist regime, and aggression, including through the use of armed struggle, in accordance with and as recognized in international law and as affirmed by the United Nations General Assembly.

We recall that the Palestinian right to self-determination is jus cogens and erga omnes (a universal rule not subject to exception and binding on all states) and is non-negotiable and axiomatic. We recognize that this right includes political, economic, social, and cultural self-determination, the right to return and full compensation for all harms suffered in a century of persecution, to permanent sovereignty over natural resources, and to non-aggression and non-intervention. We respect Palestinian aspirations and full Palestinian agency and leadership over all decisions affecting their lives, and we stand in solidarity with them.  

We are gravely concerned at the direction of international relations, international politics, and international institutions, and by attacks on those international institutions that have challenged genocide and apartheid in Palestine. We believe that the normative foundations of the global order, grounded in human rights, the self-determination of peoples, peace, and the international rule of law, are being sacrificed at the altar of ruthless political realism and obsequious deference to power, with the people of Palestine left undefended and vulnerable on the front lines. We insist that another world is possible and intend to fight to bring it about.

We fear that the nascent and flawed international normative order, built up since the Second World War, with human rights at its center, is at risk of collapse as a result of the sustained attack waged on the system by the Israeli regime’s Western allies in their quest to buttress Israeli impunity. We pledge to oppose this attack and to work to protect and advance the project of building a world in which human rights are governed by the rule of law, beginning with the struggle for Palestinian freedom. And we believe that the weaknesses and inequities hard-wired into the international system from the start, including the geopolitical right of exception codified in the United Nations Security Council veto, the disempowerment of the General Assembly, and the structural obstacles that mitigate against the enforceability of International Court of Justice (ICJ) decisions, must be reformed and rectified.

We demand immediate action to isolate, contain, and hold accountable the Israeli regime through universal boycott, divestment, sanctions, a military embargo, suspension from International organizations, and the prosecution of its perpetrators, and we commit ourselves to this cause. We equally demand individual criminal accountability for all Israeli political and military leaders, soldiers, and settlers implicated in war crimes, crimes against humanity, genocide, or gross violations of human rights, as well as accountability for all persons and organizational actors guilty of complicity in the regime’s crimes, including external proxies of the Israeli regime, government officials, corporations, arms manufacturers, energy companies, technology firms, and financial institutions.

We applaud the International Court of Justice (ICJ) for its ongoing historic genocide case against the Israeli regime and for its landmark advisory opinion findings on the illegality of the Israeli occupation, of the apartheid wall, and of the Israeli practice of apartheid and racial segregation, and its findings that the rights of the Palestinian people are not dependent upon or subject to negotiation with their oppressor and that all states are obliged to abstain from treaty, economic, trade, investment, or diplomatic relations with Israel’s occupation regime. We celebrate the principled action of South Africa in bringing to the ICJ the historic genocide case against the Israeli regime.

We call on all states to ensure the implementation of all provisional measures adopted by the ICJ in the genocide case against Israel, to fully respect the findings of the ICJ in its advisory opinion of July 2024, to comply with all elements of the United Nations General Assembly resolution of 13 September 2024 (A/ES-10/L.31/Rev.1), ending all arms trade with and implementing sanctions on the Israeli regime, and to support accountability for all Israeli perpetrators.  We urge civil society organizations and social movements around the world to initiate and strengthen campaigns to support the ICJ’s decisions and opinions on Palestine, and to press their own governments to abide by them.

We similarly applaud the International Criminal Court for (albeit belatedly) issuing arrest warrants for two senior Israeli regime leaders and call on the ICC to both expedite action on these cases and to issue further warrants for other Israeli perpetrators, both civilian and military.  We call on all ICC State Parties to urgently act on their obligations to arrest these perpetrators and hand them over for trial, and we demand that the United States lift all ICC sanctions and cease all obstruction of justice.

We express our gratitude and admiration to the independent special procedures of the United Nations Human Rights Council for their expert contributions and for their strong and principled voices in holding the Israeli regime to account and defending the human rights of the Palestinian people. They have shown themselves to be the conscience of the organization, and we call on the United Nations and all member states to defend and support these mandate holders without fail. We applaud, as well, the principled action of those United Nations agencies that have acted to defend the rights of the Palestinian people and to provide aid and relief to the survivors of genocide in Palestine in the face of unprecedented risks and obstacles, foremost among them, UNRWA.

We believe that the world is approaching a dangerous precipice, the front edge of which is in Palestine. Dangerous forces in both the public and private spheres are pushing us toward the abyss. The events of the past nineteen months, and our own deliberations, have convinced us that both key international organizations and most countries of the world, whether acting individually or collectively, have failed in defending the human rights of the Palestinian people and in responding to the Israeli regime’s genocide in Palestine. We are convinced that the challenge of justice now falls to people of conscience everywhere, to civil society and to social movements, to all of us. As such, our work in the coming months will be dedicated to meeting this challenge. Palestinian lives are at stake. The international moral and legal order is at stake. We must not fail. We will not relent.

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Tags: Gaza, genocide, Human Rights, Israel, Palestine

[Prefatory Note: Over time, the role of the Special Rapporteur as established by the UN Human Rights Council to investigate and report upon Israel violations of human rights in Palestinian Territories Occupied since 1967, has gradually assumed increasing importance as a source of reliable information and enlightening analysis. The position of SR is both unpaid and demanding, and is aggravated recently by often harmful and always hurtful defamatory attacks from pro-Israeli NGOs, most notably UN Watch based in Geneva and NGO Monitor with headquarters in New York City. It is a fact that the SR influence has grown over time as have the intensity of these attacks on the SR truth-bearing messengers. The mean spirited attacks seem to have as their main purpose a diversion of attention away from the message. Ms. Albanese’s experience was preceded by that of the SR signatories of the support letter below. Our milder although similar experience of defamation is set forth in the course of a book entitled Protecting Human Rights in Occupied Palestine: Working Through the United Nations, Clarity Press, 2022,  with a forward by Ms. Albanese.

This double dynamic has reached its climax during the first three-year term of Francesca Albanese tenure as SR that happened to coincide with Israel’s genocidal response to the October 7 Hamas-led attack, which instead of opposition elicited the active complicity of North American and leading European governments and the passive complicity of Arab and many other governments around the world, with a few notable exceptions, including South Africa, Colombia, and Chile. In this period, the excellence of Ms. Albanese’s SR reports made a major impact on civil society awareness. They added professional competence as to why allegations of Israeli genocide were well-grounded in law and fact. Her energetic and courageous high visibility talks in all parts of the world at the invitation of a great variety of organizations made her a prime target of vicious smears by Zionist support groups, especially in the West, characterizing her without a shred of evidence as ‘a notorious antisemite.’ As with Israeli bombing of Gaza, Israel’s acknowledged intention is not to be accurate but to inflict maximum damage. In this case, the battlefields are symbolic yet the blood of victims spills.

This pattern of increased reliance on SR reports also reflects an awareness of Israel’s formidable, sophisticated, and well-funded efforts to shape the public discourse on Israel/Palestine, and the acceptance by the most influential Western media platforms of a one-sided approach that gives consistent priority to Israel’s spin on developments in Gaza and the West Bank. The separate reports of the SR to the Human Rights Council and General Assembly each year have become the go-to source trustworthy relevant information and analysis for anyone seeking objective assessments of the ongoing  Palestinian ordeal, now reaching a peak with the connivance of the Trump presidency and a totally subservient Congress.

We welcome this opportunity to congratulate Francesco Albanese on the renewal of her second three-year term, and take note of the shameful effort of Israel, US, Germany, and a few other UN members to end the Mandate concerned with Occupied Palestine altogether. Given the personal abuse to which she was subjected, it is a tribute to Ms. Albanese commitment and courage that she is willing to endure further abuse for another three years.

We celebrate her achievements, and join with those who feel that a Nobel Peace Prize would be a highly deserved recognition of her contributions to peace and justice to so recognize her achievements. Some are even suggesting that her credentials of service to the UN while under fire make her an ideal candidate to become the first female Secretary General of the Organization. The UN needs a person that can take the heat of abusive criticism at a time when the UN’s most powerful member is an undisguised opponent of internationalism and even cooperative problem-solving on a global scale. Given these realities it is almost inconceivable that such an inspirational choice will be made at the UN any time soon. Among other hurdles, it would only become technically possible in the highly unlikely event that the five permanent members of the Security Council gave their approval.

Should I ever be asked, Francesca would certainly receive my vote based on her extraordinary performance but also as an expression of my hopes for a stronger, more relevant UN in the future when called upon with a sense of urgency to stop genocide and uphold global security in the manner set forth in the UN Charter.]

\\\*****////SR Letter to Jürg Lauber\\\*****///

3 April 2025

To your excellency, Jürg Lauber, President of the Human Rights Council;

We write as former Special Rapporteurs of the Palestinian Territories Occupied since 1967 with reference to the reappointment of Francesca Albanese to this position. We are conversant with her work since becoming Special Rapporteur, which we commend, and for Jürg Laubers the basis for this message of enthusiastic support for her reappointment, which we understand is scheduled to be voted on 4 April 2025.

We have learned that a small number of governmental members of the HRC have indicated their intention to vote against Ms. Albanese. We find this show of opposition to be irresponsible and harmful to the United Nations, which stands for excellence of performance combined with accuracy and objectivity of analysis. Ms. Albanese has been confronted with extreme behavior on the part of Israel, including flagrant instances of disregard of basic provisions of international humanitarian law, international human rights law, and the Genocide and Apartheid Conventions, as well as those obligations incumbent on an Occupying Power to extend protection to the civilian population of the Occupied society in all circumstances. With insight and careful research Albanese has called world attention to these patterns of wrongdoing as is her duty as Special Rapporteur.

Against this background of Israel’s lawlessness, Ms. Albanese, by her reports and public appearances has brought these patterns of Israeli violation of international law to the attention of millions all over the planet. She is trusted by the many of the most influential media platforms and is a frequent participant in webinars, academic conferences, and media events. Under the most difficult of circumstances, she is doing exactly what she is supposed to do as a UN SR. Having ourselves been attacked unfairly and inaccurately when similarly acting on behalf of the UN we feel great sympathy for our friend Francesca who has been mercilessly smeared and misrepresented in this unseemly effort by Israel and its partisans to shift attention from her message to her alleged lack of credibility as a messenger due to the diversionary slur of being a ‘virulent antisemite.’

As suggested, we not only ardently support reappointment, but believe the work of Ms Albanese should be formally acknowledged and praised by the top echelons of UN officials. In our judgment, she has received in the past insufficient support in carrying out difficult missions on behalf of the UN in her unpaid role as SR operating in a particularly dangerous atmosphere. She has the right to expect to be insulated from such irresponsible and false invective. We hope that you will be able to congratulate Francesca Albanese after she is reappointed tomorrow.

Respectfully yours,

John Dugard, Richard Falk, and Michael Lynk

\\\******///

Tags: Gaza, genocide, Human Rights, Israel, Palestine

[Prefatory Note: The post below is based on my responses to Murat Sofuoglu, a journalist working for TRT World in Turkey devoted to the Reappointment of Francesca Albanese, published on 4/3/25. 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.]

Will the UN Pillory Francesca Albanese?

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 UNHuman 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. Isreal 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 propagandistic 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.

Tags: Gaza, genocide, Human Rights, Israel, Palestine