Human rights groups sue Trump administration over ICC sanctions

Four prominent human rights organizations have filed a lawsuit in a New York federal court against the Trump administration, challenging sanctions imposed on the International Criminal Court (ICC) and its collaborators. The legal action was jointly brought by the American Friends Service Committee, the Center for Constitutional Rights, the Open Society Institute, and Human Rights Watch (HRW).

The plaintiffs allege that the U.S. executive branch has used coercive measures to criminalize the work of legal professionals and activists associated with the international tribunal. The lawsuit contends that the restrictions, enacted via an executive order signed by Trump in February 2025, directly violate rights protected by the First and Fifth Amendments of the U.S. Constitution. These measures allegedly force NGOs to curtail their legal advisory and human rights advocacy programs due to fear of retaliation.

"The government is imposing illegal sanctions on individuals and organizations affiliated with the International Criminal Court (ICC) or who collaborate with its work, and is criminalizing those who associate with them or provide them support in any other way," the organizations stated in their filing. They further argue that the executive branch exceeded its authority by declaring a "national emergency" without factual basis.

The United States and Israel are not signatories to the Rome Statute and do not recognize the ICC's jurisdiction. The executive order in question declared the ICC's investigations into U.S. military personnel, as well as arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged war crimes in Gaza, as an "unusual and extraordinary threat" to national security.

To date, the State Department has used this decree to impose financial and visa sanctions on ICC prosecutors, judges, the UN Special Rapporteur on the situation of human rights in the Palestinian territories, Francesca Albanese, and three Palestinian NGOs. The collective lawsuit aims to halt further escalation, referencing a diplomatic strategy announced by Secretary of State Marco Rubio in July to dismantle the tribunal and increase pressure on signatory nations.