OPEN LETTER TO HIS EXCELLENCY MR. ANTÓNIO GUTERRES SECRETARY-GENERAL OF THE UNITED NATIONS – 20 February 2026, Paris
Protection of the independence of a mandate holder – request for intervention institutional
Mr. Secretary General, The Association of – Lawyers for the Respect of International Law – (JURDI) wishes to respectfully draw your attention to official statements made on February 11, 2026 by the Minister for Europe and Foreign Affairs of the French Republic, publicly calling for the resignation of Ms. Francesca Albanese, Special Rapporteur on the situation of human rights in the Palestinian territory occupied since 1967.
The remarks targeted by these statements, the transcript of which was truncated by UN Watch and by MP Ms. Caroline Yadan, were made on February 7, 2026 during the 17th Al Jazeera Forum («The Palestinian Cause») and are part of the exercise of the mandate entrusted by the Human Rights Council.
The statements in question are based on a legal analysis concerning serious violations of international law and fall within the official functions attached to this mandate.
The explicit request for resignation made by a member of the government of a Member State raises, beyond the political debate, an institutional question relating to the protection of the independence of the Special Procedures.
The consistent jurisprudence of the International Court of Justice, particularly in its advisory opinions Applicability of Article VI, Section 22, of the Convention on Privileges and United Nations immunities (1989) and Difference relating to procedural immunity legal of a special rapporteur (1999), establishes that mandate holders must be considered as «experts on assignment» within the meaning of the 1946 Convention.
The Court specifies in particular that:
- Words spoken in the exercise of official functions are covered by functional immunity; ;
- This immunity protects the function, not the person; ;
- The Secretary-General is the competent authority to determine whether an act falls within the exercise of official functions; ;
- This determination must receive the utmost weight from Member States. Functional immunity aims precisely to preserve the institutional independence of United Nations mechanisms against direct or indirect pressure that could hinder the exercise of mandates.
In this context, a public demand for resignation based on statements made in the exercise of the mandate calls, in our opinion, for particular institutional vigilance.
In view of the framework established by the resolutions of the Human Rights Council relating to acts of intimidation and reprisals, the situation has the characteristics of pressure likely to have a deterrent effect on the independent exercise of functions.
We respectfully request:
1. The public reaffirmation of the principle of independence of mandate holders under Special Procedures; ;
2. Reminder of the obligations of Member States under the 1946 Convention on the Privileges and Immunities of the United Nations; ;
3. The examination, where appropriate, of suitable measures to ensure that the performance of mandate holders' duties is not hindered by political pressure. Our approach is not intended to intervene in a political debate, but to contribute to the protection of the institutional integrity of the United Nations system.
The credibility of international human rights protection mechanisms rests on the guarantee that their holders can carry out their functions without fear of ecstatic pressure.
We thank you for your attention to this communication and remain at your disposal for any further information.
Please accept, Mr. Secretary-General, the expression of our highest consideration.
Patrick ZAHND, President of the JURDI Association
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