Four U.S. human rights organizations have initiated legal action against President Donald Trump’s administration regarding sanctions imposed on the International Criminal Court (ICC) that they claim are illegal. The American Friends Service Committee, the Center for Constitutional Rights, Human Rights Watch, and the Open Society Institute filed the lawsuit in the Southern District of New York on Tuesday.
The lawsuit alleges that Trump overstepped his authority by issuing an executive order in February 2025 that allowed sanctions against ICC personnel, as well as foreign individuals or entities supporting the court’s activities. These sanctions were triggered by the ICC’s issuance of arrest warrants in late 2024 for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant for purported crimes against humanity and war crimes in Gaza. Israel has refuted these accusations.
Upon announcing the sanctions, Washington criticized the ICC’s efforts to investigate U.S. personnel in Afghanistan, labeling the arrest warrants as “baseless.” The plaintiffs in the recent lawsuit argue that the imposed sanctions have hindered their ability to engage in a variety of human rights and legal endeavors, infringing on rights safeguarded by the U.S. Constitution, including freedom of speech.
During an online news conference, Liz Evenson, the international justice director at Human Rights Watch, expressed concern over the Trump administration’s actions, stating that by targeting the ICC through sanctions, it undermines the rule of law crucial for safety and the promotion of human rights globally. The lawsuit aims to counter the administration’s attempts to grant immunity to selected individuals, advocating against impunity, injustice, and the erosion of essential global norms supporting human rights protection.
In response to CBC’s inquiry about the lawsuit, a White House official emphasized that the ICC is politicized and falsely asserts unrestricted authority to investigate and prosecute U.S. and allied nationals. The official underscored the U.S. government’s commitment to safeguarding its sovereignty and that of its allies from what it deems as illegitimate actions by the ICC.
The ICC, headquartered in The Hague, focuses on prosecuting individuals accused of war crimes, genocide, crimes against humanity, and the crime of aggression. The U.S. has maintained a strained relationship with the court for many years, having not ratified the Rome Statute that established the ICC in 1998 and refusing to recognize its jurisdiction.
Under the Trump administration, tensions escalated significantly, with the U.S. imposing sanctions on the ICC’s former chief prosecutor and multiple judges, including Canada’s Kimberly Prost. Last month, the U.S. government intensified efforts to dismantle the ICC, citing it as a threat to American sovereignty.
Apart from this lawsuit, two U.S.-based advocacy groups previously sued the Trump administration over the ICC sanctions, alleging violations of freedom of speech and suppression of Palestinian human rights advocacy. The groups highlighted the administration’s use of economic sanctions to stifle human rights defenders and control the political expression of American citizens.
Additionally, three sanctioned ICC judges, including Prost, filed a lawsuit in June, arguing that the sanctions represent an unlawful attempt to influence their judicial decision-making. The ongoing legal battles underscore the complex and contentious relationship between the U.S. and the ICC.