Four advocacy groups, including Human Rights Watch, filed a lawsuit Tuesday against the Trump administration, challenging its campaign against the International Criminal Court (ICC). The complaint, lodged in the Southern District of New York, argues that sanctions targeting ICC judges and prosecutors are illegally impeding the court's ability to prosecute individuals accused of severe international crimes.
The lawsuit contends that President Donald Trump's executive order from last year, which imposed U.S. sanctions on ICC personnel and related Palestinian rights groups, constitutes a "blatantly illegal attack on international justice." Plaintiffs assert these actions violate their First and Fifth Amendment rights under the U.S. Constitution, as well as the Religious Freedom Restoration Act, by forcing them to curtail their human rights and legal work.
Andrew Loewenstein of Foley Hoag LLP, lead counsel for the plaintiffs, stated that the broad coalition of human rights and humanitarian organizations challenging the executive order highlights the widespread harm caused to civil society groups dedicated to holding perpetrators of grave crimes accountable.
In addition to Human Rights Watch, the plaintiffs include the American Friends Service Committee, the Center for Constitutional Rights, and the Open Society Institute. The action represents a pushback against what these organizations describe as the Trump administration's efforts to dismantle international law and hinder the global fight against impunity.
The Trump administration's sanctions were reportedly a retaliation for ICC warrants issued for top Israeli officials, including Prime Minister Benjamin Netanyahu, concerning the war in Gaza. The court was also investigating U.S. personnel in Afghanistan.
Secretary of State Marco Rubio had previously announced a broad campaign to counter the ICC, vowing to pressure member states to withdraw from the institution, sanction organizations that cooperate with the court, and restrict travel to the U.S. for ICC staff. Rubio emphasized that countries benefiting from U.S. security assistance would be urged to reject the court's jurisdiction over American citizens.
Following these announcements and the removal of Karim Khan, the ICC's former chief prosecutor amid sexual misconduct allegations, several nations, including Venezuela, declared their withdrawal from the court.