Craig Mokhiber, having resigned from his U.N. position and being a human rights lawyer, could indeed act as a lawyer in a case challenging the Biden administration's actions under Section 620I of the Foreign Assistance Act, provided:

1. Licensure: Mokhiber would need to be licensed to practice law in the jurisdiction where the case would be filed, typically in a U.S. federal court. If he is not currently licensed in the relevant jurisdiction, he would need to either:

   • Obtain a license through admission to the bar of that jurisdiction or,
   • Gain admission pro hac vice (for this specific case), which allows attorneys from other jurisdictions to practice in a specific case with local counsel.

2. Expertise: His background in international human rights law could be very relevant, especially if the case involves interpreting Section 620I in light of international law principles, humanitarian aid, and the legal implications of U.S. foreign assistance policies.

3. Ethical Considerations:

   • Conflict of Interest: If Mokhiber has any previous or ongoing relationships with parties involved that might create a conflict of interest, he would need to address this, possibly by withdrawing from any conflicting roles or obtaining waivers from affected parties.
   • Public Statements: His public statements, especially his resignation letter criticizing U.N. and international policy, might be scrutinized for bias, though in this context, they could also be seen as evidence of his commitment to the issues at hand.

4. Role in Litigation:

   • Representation: He could represent the plaintiffs directly or be part of a legal team.
   • Expert Witness: Alternatively, given his extensive experience and previous role at the U.N., he could serve as an expert witness providing testimony on human rights, international law, or the interpretation of Section 620I.

5. Resources: Litigation of this nature often requires significant resources, including time, legal research, and possibly funding for expert witnesses or travel for discovery. Mokhiber would need to ensure he has the support necessary to handle such a case.

6. Strategic Considerations:

   • Legal Strategy: He would need to strategize around overcoming potential barriers like the political question doctrine, establishing standing, and navigating the complexities of international law intersecting with U.S. domestic law.
   • Publicity and Advocacy: His involvement could also bring public attention to the issue, potentially aiding in advocacy efforts outside of the courtroom.

Mokhiber's profile as an experienced human rights lawyer with a focus on international issues makes him potentially well-suited for such a role, but the specifics of his participation would depend on his current legal status, ethical considerations, and the strategic needs of the case.

Francesca Albanese, as the UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, could potentially play several roles in legal actions against the U.S. administration, although direct involvement in lawsuits against the U.S. has its complexities:

Potential Roles for Francesca Albanese:

1. Expert Witness:

   • Albanese could serve as an expert witness due to her deep understanding of the situation in the Palestinian territories, human rights law, and the impact of international policies on this region. Her testimony could provide context on how U.S. policies might contravene international law or contribute to human rights violations.

2. Advocacy and Reporting:

   • She can continue to use her platform as a Special Rapporteur to:
     • Issue reports that highlight violations of international law.
     • Make recommendations that could indirectly support legal challenges by NGOs or others.
     • Advocate for adherence to international humanitarian law and human rights standards in her public statements and reports.

3. Supporting NGOs:

   • While she might not directly represent in court due to her official capacity, she could support NGOs by:
     • Providing data and information from her work for their legal arguments.
     • Helping to draft or review legal documents from a human rights perspective.
     • Advocating for these NGOs' causes at international forums or through her reports.

4. Amicus Briefs:

   • Albanese, or entities she works with or advises, could file amicus briefs in court cases, offering her expertise and perspective on international law and the situation in the Palestinian territories.

5. Policy Influence:

   • Her reports and recommendations might influence policy changes or legislative actions within the U.S. or internationally, which could indirectly affect legal proceedings or preempt the need for litigation.

Legal and Practical Considerations:

• Official Capacity: As a UN Special Rapporteur, her primary role is to report and recommend, not to litigate. Her involvement in legal proceedings might be limited by her mandate and the need to maintain impartiality.

• Immunity: UN officials often have immunity from legal process in national courts, which could restrict her direct involvement in litigation.

• Political Sensitivity: Her role is politically sensitive, and any legal involvement could be scrutinized for bias, especially given the controversies surrounding her statements and positions.

• Conflict of Interest: Engaging in legal actions against a member state like the U.S. could be seen as a conflict with her role as an independent expert, although her reports do critique actions by states.

• Support Role: She could still play a supportive role behind the scenes by offering legal analysis or by lending her name to advocacy efforts without becoming a direct litigant or legal representative.

In summary, while Francesca Albanese could not directly sue the U.S. administration herself due to her position and the nature of her role, she could significantly contribute to legal actions by providing expert insights, supporting NGOs with information, or influencing policy through her official duties and public advocacy.

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