Legal Challenge Against U.S. Sanctions on International Criminal Court
UNITED NATIONS (AP) — Human Rights Watch, along with three other advocacy organizations, has filed a lawsuit against the Trump administration in response to its sanctions on the International Criminal Court (ICC). These groups assert that the sanctions are hindering efforts to hold accountable those responsible for severe human rights violations.
This legal action, lodged in the Southern District of New York, contends that President Donald Trump’s executive order, which targets the criminal court based in The Hague, represents a “blatantly illegal attack on international justice and should be struck down,” according to a press release. Additionally, U.S. sanctions have been imposed on a U.N. human rights expert and three Palestinian rights groups.
Andrew Loewenstein of Foley Hoag LLP, representing the plaintiffs, stated, “The fact that so many leading human rights and humanitarian organizations have come together to challenge Trump’s unlawful executive order demonstrates the widespread harm it is causing across civil society groups dedicated to bringing those responsible for grave crimes to justice.”
The lawsuit claims that these sanctions have forced the organizations to limit their human rights and legal activities, infringing upon First and Fifth Amendment rights under the U.S. Constitution, as well as the Religious Freedom Restoration Act.
Joining the lawsuit are the American Friends Service Committee, the Center for Constitutional Rights, and the Open Society Institute.
Currently, neither the U.S. nor Israel is a member of the ICC, and both countries do not recognize its authority. A White House official, speaking anonymously due to ongoing litigation, dismissed the lawsuit, claiming the ICC’s actions threaten the sovereignty and national security of both the U.S. and Israel. The State Department has yet to comment on the matter.
The ICC faces significant pressure both from within and from its over 120 member states. Among those sanctioned by the U.S. last year was Karim Khan, the former chief prosecutor of the ICC, who was removed amid allegations of sexual misconduct, as reported by The Associated Press.
The Trump administration imposed these sanctions following the ICC’s issuance of warrants for senior Israeli officials, including Prime Minister Benjamin Netanyahu, regarding the Gaza conflict and investigations into U.S. personnel in Afghanistan.
Liz Evenson, international justice director at Human Rights Watch, remarked, “The Trump administration seeks a get out of jail free card for whomever it chooses. And with this case, we say no.”
Recently, U.S. Secretary of State Marco Rubio announced an aggressive initiative aimed at countering the ICC, stating that the U.S. would exert pressure on member states to withdraw from the court, impose sanctions on organizations that collaborate with the ICC, and restrict ICC staff from entering the U.S. He urged countries benefiting from the U.S. security umbrella to reject the ICC’s jurisdiction over U.S. citizens.
In response, several nations, including U.S. ally Venezuela, declared their intention to leave the court following Rubio’s announcement and Khan’s removal.
