US Human Rights Groups Sue Trump Admin Over ICC Sanctions

Four U.S. human rights organizations have filed a federal lawsuit challenging the Trump administration's sanctions targeting the International Criminal Court (ICC), arguing the measures exceed presidential authority and unlawfully restrict their legal and human rights work.

The lawsuit, filed in the U.S. District Court for the Southern District of New York, was brought by the American Friends Service Committee (AFSC), the Center for Constitutional Rights (CCR), Human Rights Watch (HRW), and the Open Society Institute. The organizations are represented by Foley Hoag LLP.

The complaint names President Donald Trump as a defendant alongside Secretary of State Marco Rubio, Treasury Secretary Scott Bessent, Attorney General Todd Blanche, and Office of Foreign Assets Control (OFAC) Director Bradley Smith in their official capacities.

Executive Order Challenged

The lawsuit challenges Executive Order 14203, signed by Trump in February 2025.

The order authorizes sanctions, including asset freezes and U.S. entry bans against ICC officials, judges, prosecutors, and others who support investigations involving U.S. nationals or those of allied countries without their consent.

Under the order, sanctions have been imposed on former ICC Prosecutor Karim Khan, two deputy prosecutors, eight ICC judges, U.N. Special Rapporteur Francesca Albanese, and three Palestinian human rights organizations.

The measures followed ICC investigations into Israeli crimes in Palestine and Gaza, including arrest warrants issued in late 2024 for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.

They also relate to ICC investigations involving U.S. personnel in Afghanistan.

Constitutional Claims

The plaintiffs argue the sanctions constitute a "blatantly illegal attack on international justice."

According to the complaint, the executive order exceeds the president's authority under the International Emergency Economic Powers Act and is based on an unjustified declaration of a national emergency.

The organizations also argue the sanctions violate the First Amendment, the Fifth Amendment, the Religious Freedom Restoration Act, and both U.S. and international law.

The lawsuit states that the measures have forced the organizations to scale back activities such as representing alleged war crimes victims before the ICC, submitting legal analyses to the court, and cooperating with sanctioned Palestinian organizations due to the risk of severe civil and criminal penalties.

According to the complaint, providing services to sanctioned individuals or entities could carry penalties of up to 20 years in prison and substantial financial fines.

Human Rights Groups Respond

Speaking at a press conference, HRW International Justice Director Liz Evenson said, "The Trump administration seeks a get out of jail free card for whomever it chooses. And with this case, we say no."

Lead counsel Andrew Loewenstein said the plaintiffs are seeking to end a sanctions regime that "transgresses the president's authority and violates international and U.S. law, including the rights to freedom of expression and religion."

Previous Legal Challenges

The lawsuit follows a similar executive order issued during Trump's first term in 2020. That order was blocked by a federal judge on likely First Amendment grounds before being rescinded by the Biden administration in 2021.

Additional legal challenges have also emerged in 2026. In July, Democracy for the Arab World Now (DAWN) and the Taxpayer Alliance Against Genocide (TAAG) filed a separate lawsuit challenging the sanctions.

Other cases have also been brought by sanctioned ICC judges and individuals associated with Francesca Albanese.

Administration Position

The Trump administration has argued that the ICC's investigations pose illegitimate threats to U.S. sovereignty and to Israel, a key U.S. ally.

Secretary of State Marco Rubio has also announced what he described as a "sweeping campaign to dismantle" the ICC, including diplomatic efforts encouraging member states to withdraw from the court.