Resisting Defamation While Upholding Human Rights in the Occupied Palestinian Territory

By: Francesca Albanese

[1]  Upon my appointment, the Israeli Ambassador to the United Nations immediately criticized me, alleging that the mandate was established to discriminate against Israel and its citizens, and that I was personally unfit for the post owing to my alleged anti-Israel bias.[2] These campaigns are part of a broader strategy employed by the Israeli government and allied organizations to divert international attention from Israel's actions that violate international law and silence those who expose them. Previous mandate holders, such as Professors Richard Falk (2008 – 2014) and Michael Lynk (2016 – 2022), also faced similar attacks, highlighting the systematic nature of these efforts to suppress dissenting voices.

In a recent incident between December 2022 and January 2023, I experienced defamatory attacks, particularly focused on a Facebook post from almost a decade ago, where I used strong language to denounce the impunity that Israel enjoyed during the 2014 attacks in Gaza, which claimed the lives of thousands of Palestinians, including hundreds of children. The use of the term 'Jewish lobby' in that post was intentionally misconstrued to fuel further defamatory comments from Israeli government sources, aligned press, pro-Israel organizations, and even the US special envoy on antisemitism.[3] The pressure escalated with eleven members of the US Congress urging my removal in January 2023.[4]

Nonetheless, amidst these attacks, I was mesmerized to see the fast-growing support I have received from civil society, academia, especially from Jewish scholars and groups worldwide, and ordinary citizens globally, as well as fellow special rapporteurs. Hundreds of public displays of support, including statements and comments, have been recorded since the first attempt intended to defame me personally in December 2022. Notably, in December 2022, 65 renowned scholars on antisemitism, Holocaust, and Jewish Studies condemned the "political abuse of antisemitism" in the smear campaign,[5] 116 civil society organizations, both Israeli and Palestinian, along with academic institutions, signed a statement in January to express widespread support for my mandate.[6] Professor Avi Shlaim, an Emeritus Professor of International Relations at Oxford University and Israeli-British historian, also voiced his support in a letter that praised my commitment to truth, justice, and peace, in stark contrast to the Israeli State's departure from these pillars.[7] In his poignant letter, Professor Shlaim recalled that “the three main pillars of Judaism are truth, justice and peace. Ms. Albanese personifies these values to a remarkably high degree”, remarkably condemning the departure of the Israeli State from such pillars. In a recent article published for Jadaliyya, Professor Shlaim further reflected on the attacks against my mandate and other UN officials who uphold human rights in Israel and Palestine.[8]

While I value the support from civil society and academia, it is essential to acknowledge that these statements alone cannot combat the systematic and offensive attacks against my mandate. Unfortunately, the United Nations, including the Human Rights Council , which appointed me for a six-year term, has not yet come to the public defense of me or my predecessors’ mandates, beyond private expression of support and solidarity. This silence forces the mandate-holders to confront these attacks alone, hindering our ability to fulfill this mandate's objectives.

Furthermore, some of the organisations conducting smear campaigns against my mandate retain consultative status or associations with the United Nations. Such actions should be condemned in accordance with the purposes and principles of the United Nations’ Charter and ECOSOC Resolution 1996/31,[9] reminding these groups of the very purpose of their status. I firmly believe it is the responsibility of the Human Rights Council to address these concerns and to proactively offer solutions that protect the integrity and independence of my mandate.

The extensive attacks carried out by the Israeli government and affiliated institutions must be recognised as part of Israel’s colonial-apartheid system and must be addressed accordingly. Article 2(f) of the International Convention on the Suppression and Punishment of the Crime of Apartheid identifies the “persecution of organizations and persons […] because they oppose apartheid” constituting apartheid itself. Consequently, violently undermining my efforts as UNSR-oPt to shed light on the human rights violations endured by the Palestinian people under Israeli settler-colonial rule, adds to the evidence of dominating narratives and stifling dissent, which necessitates condemnation and prompt action from the international community.

The epistemic violence exerted by Israel and pro-Israel groups against Palestinians, delegitimizing and silencing alternative perspectives, is a concerning facet of settler-colonialism. It is crucial to recognize this form of violence as detrimental as physical violence, as it seeks to “constitute the colonial subject as the Other”.[10] The process of ‘othering’ and silencing, exemplified by the relentless smear campaigns against my mandate cannot be overlooked, and it requires effective and practical response by the international community as a whole, particularly from institutional bodies mandated to uphold human rights such as the Human Rights Council. My own capacity to advocate on these issues and present a discourse grounded on facts and fundamental international law principles, depends on such support.

In conclusion, I urge the Human Rights Council to address these concerns and take a stand against smear campaigns to protect the integrity and independence of the special procedures mandates. The international community must recognize the systematic nature of these attacks and the intentions behind them, and work collectively to uphold human rights and combat the epistemic violence perpetrated against the Palestinian people, fostering an environment that promotes truth, justice, and peace for all.