Rights groups sue over Trump sanctions on international court
DAWN and TAAG say the measures punish Americans for human rights advocacy tied to ICC investigations of Israel.
By Sofia Marchetti · World Affairs Correspondent
3 min read
Two rights groups have sued the Trump administration over sanctions on the International Criminal Court, arguing the measures violate the constitutional rights of Americans who support Palestine-related human rights work. The case challenges a sanctions campaign that has expanded since the ICC issued arrest warrants for Israeli leaders.
The lawsuit was filed Wednesday by Democracy for the Arab World Now, known as DAWN, and the Taxpayers Alliance Against Genocide, known as TAAG. The groups are targeting sanctions imposed starting in February 2025 after the ICC sought the arrests of Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant.
President Donald Trump’s executive order authorized penalties against ICC officials involved in investigations concerning the United States and its allies, especially Israel. The order also covered people and groups accused of assisting those investigations.
Since then, the administration has sanctioned ICC prosecutors and judges, Palestinian organizations that supplied evidence to the court, and Francesca Albanese, the United Nations special rapporteur for the occupied Palestinian territory.
DAWN and TAAG argue in the complaint that the sanctions violate Americans’ rights to speak, advocate and associate on human rights issues related to Palestine. The groups say the measures restrict what U.S. citizens may communicate to an international court and limit their contact with sanctioned people and organizations.
The lawsuit also says the administration exceeded its authority under the International Emergency Economic Powers Act, a 1977 law that gives presidents power to impose sanctions during national emergencies. DAWN and TAAG say the law does not allow the president to use sanctions to block personal communications or the sharing of information and informational materials.
Broader campaign against the court
The filing came days after the Trump administration said it would intensify pressure on the ICC, the permanent international criminal tribunal based in The Hague. The court was established in 2002 to prosecute genocide, war crimes, crimes against humanity and related offenses.
Secretary of State Marco Rubio said in a video statement and a Wall Street Journal opinion piece that the administration would pursue what he called a “whole-of-government response” against the court. Rubio said the ICC “threatens every aspect” of the U.S. political and legal system.
The United States has not joined the Rome Statute, the treaty that created the ICC. The court has said it may investigate and prosecute nationals of nonmember states when alleged crimes occur on the territory of ICC member countries.
No U.S. citizen has been prosecuted by the ICC. The court, however, still has open Afghanistan-related investigations covering alleged abuses during the foreign military presence that began in the early 2000s, including conduct by U.S. military and intelligence personnel.
Rubio said the administration was considering additional steps, including pressure on U.S. allies and aid recipients not to cooperate with the ICC. He also said more sanctions and travel restrictions could follow.
Other legal challenges
The DAWN and TAAG case is one of several lawsuits contesting the sanctions. A federal judge in New York previously ruled in favor of two law professors who said the measures infringed their First Amendment rights by blocking them from advising the ICC prosecutor and his office.
Sanctions against Albanese were briefly lifted under a court order in May, then restored after the Trump administration appealed. Sanctioned ICC judges have also brought a separate lawsuit against the administration.
Omar Shakir, DAWN’s executive director, said in a statement that the administration was using economic sanctions to punish human rights defenders and control the political speech of Americans. Joseph Pace, a lawyer for DAWN and TAAG, said the government may argue its position on behalf of itself or Israel, but cannot criminalize Americans for presenting a different view to the ICC or contacting non-U.S. human rights advocates.
This story draws on original reporting from Al Jazeera.