World court judges sue Trump administration over sanctions

Three International Criminal Court (ICC) judges have filed a lawsuit against former U.S. President Donald Trump and his administration, challenging the legality of sanctions imposed on them last year. The judges contend that these measures were intended to exert unlawful, extrajudicial pressure and punish them for their judicial decisions.

The lawsuit, filed in federal court in Manhattan, names judges Kimberly Prost of Canada, Solomy Balungi Bossa of Uganda, and Reine Adelaide Sophie Alapini-Gansou of Benin. They argue that the sanctions exceed the scope of the International Emergency Economic Powers Act and were not based on a genuine national emergency. The U.S. State and Treasury departments and the White House have not yet responded to requests for comment.

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The Sanctions Regime ... is designed to exert extra-judicial pressure on these judges and their colleagues on the ICC bench by targeting their financial and other personal interests, with the objective of punishing them for prior judicial decisions and coercing them into prioritizing their private interests over deciding cases on the basis of the law and facts

The Trump administration's sanctions were an unprecedented retaliation against the ICC. They followed the court's issuance of an arrest warrant for Israeli Prime Minister Benjamin Netanyahu and its decision to investigate alleged war crimes committed by U.S. troops in Afghanistan. These sanctions severely restrict individuals' financial activities, compelling banks with U.S. ties to comply with the restrictions.

The judges detailed the severe personal impact of the sanctions, stating they are "tantamount to the financial death penalty." They are unable to use credit cards, access banking services, utilize common online platforms, book travel, or obtain health insurance. Furthermore, the sanctions impede their ability to submit evidence and arguments in pending or future proceedings. The ICC, established in 2002, prosecutes genocide, crimes against humanity, and war crimes in its 125 member states, though nations like the U.S., China, Russia, and Israel do not recognize its authority.

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Being subjected to such sanctions under IEEPA is tantamount to the financial death penalty. Due to the sanctions, Judges Prost, Bossa, and Alapini-Gansou are no longer able, among other things, to use credit cards; access banking services; use common online platforms, such as Amazon and Google; book travel; and in some cases, obtain health insurance