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Two U.S.-based advocacy organizations have filed a lawsuit against the Trump administration, arguing that sanctions targeting the International Criminal Court (ICC) violate First Amendment free speech protections. The legal challenge comes as the administration intensifies its campaign against the Hague-based court, calling it a threat to U.S. sovereignty and expanding sanctions against its officials.
The lawsuit, filed in a federal court in New York by Democracy for the Arab World Now (DAWN) and the Taxpayer Alliance Against Genocide, seeks to block President Donald Trump's February 2025 executive order. The order authorized sanctions against ICC judges, prosecutors, and individuals linked to investigations involving alleged war crimes in Gaza, including Palestinian human rights advocates.
According to the complaint, the sanctions have discouraged the organizations from submitting information to the ICC or coordinating advocacy efforts with sanctioned individuals, including Francesca Albanese, the United Nations special rapporteur on Palestine. The groups argue that fear of financial penalties and possible criminal prosecution has restricted their ability to engage in protected political speech.
DAWN Executive Director Omar Shakir said the administration is using economic sanctions to suppress human rights advocacy and limit political expression. The lawsuit also points to a similar executive order issued during Trump's first term in 2020, which was blocked by a federal judge on constitutional grounds before being rescinded by the Biden administration in 2021.
The renewed dispute follows the ICC's decision to issue an arrest warrant for Israeli Prime Minister Benjamin Netanyahu, prompting the Trump administration to expand measures against the court. Three ICC judges have also launched separate legal challenges against the sanctions.
Although the ICC previously investigated possible crimes involving U.S. troops in Afghanistan, the court shifted its focus in 2021 toward alleged crimes committed by the Afghan government and Taliban forces. It has not pursued investigations involving U.S. personnel in recent years.
European leaders have continued to defend the ICC. The European Union reaffirmed its support for the court, stating it plays a vital role in combating impunity and does not threaten national sovereignty. The Netherlands also expressed concern over Washington's increasingly confrontational stance, emphasizing that independent international courts must be allowed to perform their legal responsibilities without political interference.
