The 5 W's

A 48-Hour Update: State Department Confirms It Is “Actively Fighting” to Reinstate Sanctions Against UN Expert, Hungary Reverses ICC Withdrawal, and Board of Peace Report Draws Fire for One-Sided Blame

Published: May 25, 2026
By: Zeeshan Khan
Reading time: 16 minutes
Category: UN / Human Rights / Legal

Note: May 25, 2026 – This is an update to the May 22, 2026 article: DOJ Seeks to Reinstate Sanctions Against UN Expert as Board of Peace Delivers First Gaza Report – Legal Battles Escalate

WASHINGTON / GENEVA / THE HAGUE – May 25, 2026 – Three days after the U.S. Justice Department filed an emergency motion to reinstate sanctions against UN Special Rapporteur Francesca Albanese, the State Department has confirmed it is “actively fighting” to restore her designation, describing her temporary removal from the sanctions list as merely a “legal adjustment” rather than a policy change. Meanwhile, the Board of Peace’s first report to the UN Security Council has drawn sharp criticism for placing sole blame on Hamas for the stalled ceasefire, and Hungary has reversed its decision to withdraw from the International Criminal Court – a move with significant implications for pending arrest warrants against Israeli officials.

This article covers the State Department’s May 23 confirmation of its sanctions fight, new criticism of the Board of Peace report, Hungary’s ICC reversal, and updated ICC warrant expectations.

The Essentials: Who, What, When, Where, Why, How (Last 48 Hours)

Who: The U.S. State Department; UN Special Rapporteur Francesca Albanese; the DC Circuit Court of Appeals; Nickolay Mladenov (Board of Peace High Representative for Gaza); the UN Security Council; the Hungarian government; the International Criminal Court (ICC); Israeli Finance Minister Bezalel Smotrich; and the Palestinian Authority.

What: Four major developments since May 23:

• State Department confirmed May 23 it is “actively fighting” to reinstate sanctions against Albanese, calling her removal a “legal adjustment” not a policy change
• Board of Peace report drew sharp criticism for placing sole blame on Hamas for stalled ceasefire, with critics warning of one-sided narrative
• Hungary announced May 22 it will remain in the ICC, reversing its previous intention to withdraw
• ICC expectations for additional arrest warrants against five Israeli officials remain active; Hungary’s reversal has implications for warrant enforcement

When:

• State Department confirmation: May 23, 2026
• Hungary ICC reversal: May 22, 2026
• Board of Peace report delivered: May 21, 2026 (criticism emerged May 22-23)
• DOJ emergency motion: May 21, 2026

Where: U.S. State Department (Washington); DC Circuit Court of Appeals (Washington); UN Security Council (New York); Hungarian government (Budapest); ICC (The Hague).

Why (Immediate Cause): The State Department’s confirmation follows Treasury’s May 20 removal of Albanese from the sanctions list in compliance with Judge Leon’s May 13 preliminary injunction. The Board of Peace report criticism stems from its characterization of ceasefire violations. Hungary’s reversal follows concerns about EU diplomatic isolation and ICC obligations.

How (Mechanism): The State Department has formally appealed Judge Leon’s injunction and seeks a stay from the DC Circuit. Hungary’s government issued a formal statement withdrawing its withdrawal notification. The ICC Pre-Trial Chamber continues to consider warrant applications against Israeli officials.

Specific Updates in the Last 48 Hours (May 22–25, 2026)

1. State Department Confirms It Is “Actively Fighting” to Reinstate Sanctions (May 23)

On May 23, 2026, the U.S. State Department confirmed it is “actively fighting” to restore sanctions against UN Special Rapporteur Francesca Albanese, describing her temporary removal from the sanctions list as merely a “legal adjustment” rather than a change in policy.

State Department Statement:

A State Department spokesperson stated that the government has formally appealed the court’s order and is prepared to restore Albanese’s designation immediately if the D.C. Circuit stays or overturns the injunction. The official emphasized that the administration’s position on Albanese remains unchanged despite the temporary removal.

Timeline of Sanctions Events (Updated):

Date	Event
May 13, 2026	Judge Leon issues preliminary injunction blocking sanctions
May 15, 2026	Treasury formally suspends sanctions implementation
May 20, 2026	Treasury removes Albanese from sanctions list
May 21, 2026	DOJ files emergency motion to reinstate sanctions
May 23, 2026	State Department confirms it is “actively fighting” to restore sanctions

Connection to Previous Article: The previous article reported the DOJ’s May 21 emergency motion. The State Department’s May 23 confirmation provides additional clarity on the administration’s position: the removal is temporary, the policy has not changed, and the government is pursuing reinstatement aggressively.

2. Board of Peace Report Draws Sharp Criticism (May 22-23)

Following the Board of Peace’s first report to the UN Security Council on May 21, criticism has emerged regarding the report’s characterization of the stalled ceasefire and its allocation of blame.

What the Report Said:

Nickolay Mladenov, the Board of Peace high representative for Gaza, reported that “the guns have largely fallen silent across Gaza for the first time in two years” and that “every hostage has been returned to their family.” However, he warned that “there is no recovery” and noted daily ceasefire violations, with 70 million tonnes of rubble and more than 1 million people without permanent shelter.

The Criticism:

According to analysis following the report, Mladenov put sole blame on Hamas for the stalled ceasefire, despite Israel not fulfilling its obligations. Critics have noted that the report does not address Israeli commitments under the ceasefire framework, presenting a one-sided narrative that some warn risks legitimizing a return to war.

NGO and Delegate Concerns:

During the May 21 Security Council session, Oxfam, Save the Children, and Refugees International stated that more than six months after the UN adopted the peace plan for Gaza, the humanitarian situation remains dire. Delegates expressed concern about escalating violence in the West Bank, including East Jerusalem.

Connection to Previous Article: The previous article reported the Board of Peace report’s delivery and Mladenov’s “no recovery” warning. The subsequent criticism of the report’s one-sided framing represents a significant development in how the report is being received by the international community.

3. Hungary Reverses ICC Withdrawal (May 22)

On May 22, 2026, Hungary announced it will remain in the International Criminal Court, reversing its previous intention to withdraw from the Rome Statute.

Hungary’s Statement:

The Hungarian government issued a formal statement withdrawing its withdrawal notification, confirming that the country will continue to be a member of the ICC. The reversal follows concerns about EU diplomatic isolation and the legal obligations of ICC membership.

Implications for ICC Warrants:

This development has significant implications for any ICC arrest warrants issued against Israeli officials. As an ICC member state, Hungary would be obligated to detain any individual subject to an ICC warrant who enters Hungarian territory. Had Hungary withdrawn, it would have been exempt from this obligation.

ICC Membership Context:

The ICC has 124 member states as of 2026. Hungary has been a member since 2001. Withdrawal would have made Hungary the first EU country to leave the court, following a pattern set by other nations that have announced withdrawals (Burundi, Philippines, Russia) – though many of those withdrawals were not formally completed or were reversed.

Connection to Previous Article: The previous article reported on ICC warrant expectations for five Israeli officials. Hungary’s reversal directly affects the enforceability of those warrants, as it maintains an obligation to arrest wanted individuals on its territory.

4. ICC Warrant Expectations Remain Active

The expected issuance of additional ICC arrest warrants against Israeli officials remains an active development, with implications now affected by Hungary’s reversal.

Warrants Expected for Five Officials:

Category	Officials
Political figures (3)	Defense Minister Israel Katz, Finance Minister Bezalel Smotrich, National Security Minister Itamar Ben-Gvir
Military commanders (2)	IDF Chief of Staff Lt.-Gen. Eyal Zamir, IDF Southern Command Chief Maj.-Gen. Yaniv Asor

Context: The ICC had already issued arrest warrants for Prime Minister Benjamin Netanyahu and then-defense minister Yoav Gallant in 2024.

Important Clarification: The ICC Pre-Trial Chamber has not yet ruled on Prosecutor Khan’s May 2024 applications for warrants against Netanyahu and Gallant, nor has it confirmed any new applications. The Jerusalem Post report indicates Israeli assessments that warrants are forthcoming – not that they have already been issued.

Hungary Reversal Impact:

With Hungary remaining in the ICC, any Israeli official subject to an ICC warrant would face arrest risk if traveling to Hungary. This potentially affects diplomatic travel and international engagement for the named officials.

5. White House Tax Revenue Proposal and Saudi Lobbying: Status Unchanged

The core US policy developments described in previous articles remain in effect with no final decisions announced as of May 25:

• Tax revenue proposal: Under active consideration; no final decision announced
• US lobbying of Saudi Arabia: Confirmed; no agreement announced
• Saudi position: Remains hesitant; seeking greater Palestinian representation on reconstruction board
• PA position: Continues to oppose the proposal; considering ICJ legal action

How the Landscape Has Changed (May 22 vs. May 25, 2026)

Issue	As of May 22 Article	As of May 25, 2026 (Current)
U.S. position on sanctions	DOJ filed emergency motion May 21	State Department confirms it is “actively fighting” to restore sanctions; removal called “legal adjustment”
Board of Peace report	Delivered May 21; “no recovery” warning	Draws criticism for placing sole blame on Hamas despite Israel not fulfilling obligations
Hungary ICC status	Not mentioned	Hungary reverses withdrawal; will remain ICC member
ICC warrant enforcement	Not specified	Hungary’s continued membership obligates arrest of wanted individuals on its territory
Tax revenue proposal	Under consideration	Unchanged
Saudi reconstruction pledge	Active lobbying; no agreement	Unchanged
DC Circuit status	Emergency motion pending	Still pending as of May 25

Arguments and Reactions (Updated for May 25)

State Department Position (May 23 Confirmation)

A State Department spokesperson confirmed the government is “actively fighting” to restore sanctions against Albanese. The official described the Treasury’s removal of her name from the sanctions list as a “legal adjustment” following the court order, not a reflection of changed policy. The administration has formally appealed and is prepared to restore the designation immediately if the DC Circuit stays or overturns the injunction.

Criticism of Board of Peace Report (May 22-23)

Following the report’s delivery, critics have noted that Mladenov put sole blame on Hamas for the stalled ceasefire, despite Israel not fulfilling its obligations. Observers have warned that this one-sided narrative risks legitimizing a return to war, as it does not address Israeli commitments under the ceasefire framework.

Hungarian Government Position (May 22)

The Hungarian government issued a formal statement withdrawing its withdrawal notification from the Rome Statute, confirming continued ICC membership. No further details on the reasoning for the reversal were provided in public statements.

NGO and UN Positions (May 21-22)

Oxfam, Save the Children, and Refugees International reiterated that more than six months after the UN adopted the peace plan for Gaza, the humanitarian situation remains dire. UN Deputy Special Coordinator Ramiz Alakbarov warned that delays in implementing Resolution 2803 are further complicating the situation.

Timeline of Key Events (May 18 – May 25, 2026)

Date	Event	Source
May 18	OHCHR releases formal report on Gaza and West Bank	UN OHCHR
May 18	Smotrich claims ICC seeking warrant against him; orders Khan al-Ahmar evacuation	Israeli media
May 19	UN chief Türk calls on Israel to prevent genocidal acts	UN OHCHR
May 19	Israeli assessments indicate ICC may issue warrants for 5 officials	Jerusalem Post
May 20	Treasury removes Albanese from sanctions list	Haaretz
May 21	DOJ files emergency motion to reinstate sanctions	Court filing
May 21	Board of Peace delivers first report to UN Security Council	UN News
May 21	UN Security Council holds session on Gaza	UN News
May 22	Hungary announces it will remain in ICC	Hungarian government statement
May 22-23	Board of Peace report draws criticism for one-sided blame	Analysis following report
May 23	State Department confirms it is “actively fighting” to restore sanctions	State Department spokesperson

Remaining Concerns (Updated for May 25)

1. DC Circuit Will Decide the Sanctions Fight

The DOJ’s emergency motion remains pending before the DC Circuit as of May 25. The court could:

• Grant the stay, reinstating sanctions immediately
• Deny the stay, allowing Judge Leon’s injunction to remain in place
• Expedite the appeal for faster resolution

The core constitutional question – whether a foreign national outside US territory has First Amendment rights – has significant implications beyond this case.

2. Board of Peace Report’s One-Sided Narrative

Critics have warned that placing sole blame on Hamas for the stalled ceasefire, without addressing Israeli obligations, risks legitimizing a return to war. This criticism represents a significant challenge to the Board of Peace’s credibility and the perceived fairness of the US-led reconstruction framework.

3. ICC Warrant Status Remains Unclear

While Israeli assessments indicate warrants are expected for five additional officials, the ICC has not confirmed any new applications. The Pre-Trial Chamber has not yet ruled on Prosecutor Khan’s May 2024 applications for warrants against Netanyahu and Gallant. The addition of new officials would represent a significant expansion of the ICC’s case.

4. Hungary Reversal’s Practical Implications

With Hungary remaining in the ICC, any Israeli official subject to an arrest warrant would face detention risk if traveling to Hungary. This may affect diplomatic travel plans and international engagements for the named officials.

5. White House Tax Proposal Still Unfinalized

The Trump administration has confirmed it is “actively considering” the tax revenue diversion, but no final decision has been announced as of May 25. Key questions remain about congressional approval, legal mechanisms, and PA legal challenges.

Why This Matters (Updated for May 25)

The developments of the last 48 hours – the State Department’s confirmation of its sanctions fight, criticism of the Board of Peace report, and Hungary’s ICC reversal – each have significant implications.

For the Separation of Powers and Free Speech: The State Department’s confirmation that it is “actively fighting” to reinstate sanctions – and its characterization of the removal as a mere “legal adjustment” – underscores the administration’s commitment to its legal position that foreign nationals outside US territory have no First Amendment rights. If accepted by the DC Circuit, this could affect constitutional protections for foreign journalists, academics, and human rights advocates.

For the Board of Peace and Gaza Reconstruction: The criticism that the Board of Peace report placed sole blame on Hamas for the stalled ceasefire, despite Israel not fulfilling its obligations, represents a significant reputational challenge for the US-led reconstruction framework. Critics warn that this one-sided narrative risks legitimizing a return to war, undermining the very stability the Board of Peace was created to promote.

For the ICC and International Law: Hungary’s reversal of its ICC withdrawal is a significant victory for the court and for international criminal justice. Had Hungary withdrawn, it would have been the first EU country to leave the Rome Statute. Its continued membership maintains the ICC’s European footprint and ensures that any ICC warrants against Israeli officials remain enforceable in Hungary.

For Palestinian Fiscal Affairs: The White House tax revenue proposal remains under consideration. If implemented, it would bypass and further weaken the Palestinian Authority, which relies on these funds for public sector salaries and basic services. PA officials have publicly stated that this could lead to the collapse of the Authority.

For the UN System: The Board of Peace report and the subsequent criticism highlight ongoing tensions within the UN system regarding the Gaza reconstruction framework. Mladenov’s “no recovery” warning and the report’s one-sided blame allocation raise questions about the effectiveness and impartiality of the current approach.

Current Status (As of May 25, 2026)

Element	Status
OHCHR report on Gaza/West Bank	Published May 18; publicly available
UN chief’s genocide prevention call	Issued May 19; Israel has not formally responded
State Department sanctions position	“Actively fighting” to reinstate; removal called “legal adjustment”
DOJ emergency motion	Filed May 21; pending before DC Circuit
Judge Leon’s injunction	Active and unchanged (unless DC Circuit grants stay)
Board of Peace report	Delivered May 21; criticized for one-sided blame on Hamas
Mladenov Gaza assessment	“There is no recovery”; daily ceasefire violations
Hungary ICC status	Reversed withdrawal; will remain ICC member
ICC warrant expectations	Active for 5 officials; Pre-Trial Chamber ruling pending
White House tax revenue proposal	Under active consideration; no final decision
US lobbying of Saudi Arabia	Confirmed; no agreement announced

What Happens Next

Immediate term (days to weeks):

• DC Circuit will rule on DOJ’s emergency motion for a stay
• If granted, sanctions against Albanese could be reinstated immediately
• Further reaction to Board of Peace report criticism may emerge from UN member states

Short term (weeks to months):

• The DC Circuit will hear the full appeal of Judge Leon’s injunction
• The ICC Pre-Trial Chamber may rule on existing and potential warrant applications
• The White House may finalize its decision on the tax revenue proposal
• Hungary’s ICC reversal may influence other countries considering withdrawal

Long term (months to a year):

• The cumulative effect of sanctions litigation, ICC proceedings, and reconstruction efforts will shape the legal and diplomatic landscape
• Mladenov warned that without progress, the Gaza status quo could become “permanent”
• The Board of Peace’s credibility may be affected by criticism of its first report

Sources

• State Department spokesperson (May 23, 2026) – Confirmation that US is “actively fighting” to restore sanctions against Albanese; characterization of removal as “legal adjustment”
• Reuters (May 23, 2026) – “US ‘actively fighting’ to restore sanctions against UN expert Albanese”
• Analysis following Board of Peace report (May 22-23, 2026) – Criticism that Mladenov put sole blame on Hamas despite Israel not fulfilling obligations
• Hungarian government statement (May 22, 2026) – Announcement that Hungary will remain in ICC, reversing withdrawal
• UN News (May 21, 2026) – “Board of Peace delivers first report on Gaza to Security Council”
• UN Security Council (May 21, 2026) – Session on Gaza and West Bank; statements by Mladenov and Alakbarov; NGO statements by Oxfam, Save the Children, Refugees International
• The Jerusalem Post (May 19, 2026) – “ICC expected to issue arrest warrants for five Israeli officials”
• US Department of Justice (May 21, 2026) – Emergency motion to stay injunction, filed in DC Circuit Court of Appeals
• Previous article: DOJ Seeks to Reinstate Sanctions Against UN Expert as Board of Peace Delivers First Gaza Report – Legal Battles Escalate (The 5 Ws, May 22, 2026) – Baseline information on DOJ motion, Board of Peace report delivery, ICC warrant expectations