US advocacy groups sue Trump administration over ICC sanctions, citing free speech
President Donald Trump and other US politicians have long said the ICC should not have the authority to investigate or prosecute Americans, especially members of the military. The administration on Monday said the court posed a threat to US sovereignty and vowed to expand sanctions, including travel bans for ICC staff, while increasing diplomatic pressure on the Hague-based court, prompting criticism from European allies.
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In a lawsuit filed in a federal court in New York, the Taxpayers Alliance for Democracy and Against Genocide for the Arab World Now sought to block Trump’s February 2025 executive order that imposed sanctions on ICC judges and prosecutors and Palestinian human rights groups and called for the court to investigate allegations that the United States and Israel may have committed war crimes during the war in Gaza.
The groups say they have refrained from appealing to the ICC and coordinating advocacy activities with those affected by sanctions, including Francesca Albanese, the United Nations special rapporteur on Palestine, for fear of fines and possible prison sentences, according to a copy of their complaint seen by Reuters.
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“The Trump administration is using the sharp tool of economic sanctions not only to punish human rights defenders but also to police the political expression of millions of Americans,” Omar Shakir, executive director of Democracy for the Arab World Now, said in a statement. he said. Trump’s opposition to the ICC dates back to his first term. A similar executive order Trump issued in 2020 was blocked by a judge who said it likely violated the First Amendment, before being struck down in 2021 by President Joe Biden’s administration.
EU, Netherlands Rear Court
Trump officials last year launched a new effort to punish ICC officials after the ICC issued an arrest warrant for his ally, Israeli Prime Minister Benjamin Netanyahu. Three ICC judges separately sued the Trump administration over the sanctions. In March 2020, ICC prosecutors launched an investigation into possible crimes committed by US troops in Afghanistan, but since 2021 they have deprioritized the US role, focusing on crimes allegedly committed by the Afghan government and Taliban forces.
The court, based in the Netherlands, has not taken any steps to investigate US personnel in recent years. The EU reiterated its support for the ICC on Tuesday and said it was committed to fighting impunity.
“Attacks or threats against the court, elected officials, staff or those cooperating with the court are absolutely unacceptable. Let us also remember that the ICC does not target sovereign states or pose a threat to their sovereignty,” EU Commission spokesman Anouar El Anouni said in a briefing. he said.
The Dutch Ministry of Foreign Affairs said that independent courts and tribunals should be able to carry out their duties without hindrance. “We took note of the US’s statements, the attitude is not new, but we are concerned about the harsh tone,” the ministry said in its message to Reuters. he said.
