WASHINGTON — Four leading U.S. human rights organizations sued the Trump administration on Tuesday over sanctions targeting the International Criminal Court, arguing that the measures violate constitutional protections and prevent them from working with the court on investigations into genocide, war crimes and crimes against humanity.
Human Rights Watch, the Open Society Institute, the American Friends Service Committee and the Center for Constitutional Rights filed the lawsuit in New York, seeking to end the sanctions regime authorized by an executive order President Donald Trump issued last year. The groups said the restrictions exceed presidential authority and violate U.S. and international law, including rights to freedom of expression and religion.
The executive order authorized sanctions against ICC prosecutors, judges and others involved in investigations concerning U.S. nationals or U.S. allies, including Israel. Neither the United States nor Israel is a member of the court.
The plaintiffs said the sanctions interfere with their ability to communicate and cooperate with the Hague-based court and other organizations working on international criminal accountability. Their lawsuit is the latest legal challenge to the administration's campaign against the ICC.
"The plaintiffs are seeking an end to this sanctions regime, which transgresses the president’s authority and violates international and U.S. law, including the rights to freedom of expression and religion," said Andrew Loewenstein, lead counsel for the groups at Foley Hoag LLP.
The Trump administration has defended its actions by arguing that the ICC lacks authority to investigate U.S. personnel and has objected to the court's proceedings involving Israeli officials. In response to an earlier lawsuit brought by Palestinian human rights advocates, the State Department said the plaintiffs were seeking to "enable ICC overreach" and described the court as a threat to U.S. sovereignty, according to Reuters.
The new case follows separate litigation brought by three ICC judges in June challenging sanctions imposed on them. The judges argued that the measures were unlawful and designed to pressure them over their judicial work.
Trump's opposition to the ICC dates to his first presidency. A similar executive order issued in 2020 was blocked by a U.S. judge, who found that it likely violated the First Amendment. The Biden administration rescinded that order in 2021.
Secretary of State Marco Rubio said last month that the administration would intensify efforts to undermine the court, including by encouraging other countries to withdraw from it. Trump has said the campaign is intended in part to defend Israeli Prime Minister Benjamin Netanyahu and other Israeli officials.
The latest lawsuit remains pending in federal court in New York.
