Rights Groups Sue Trump Administration Over Targeting ICC

### Lawsuit Challenges Trump Administration's Sanctions Against ICC Four human rights groups have taken the Trump administration to court over its sanctions against individuals and organizations affiliated with the International Criminal Court (ICC). The lawsuit, filed in the Southern District of New York, challenges the Trump administration's executive order authorizing sanctions on ICC officials, judges, and others working with the court to seek justice for genocide, war crimes, and crimes against humanity. The plaintiffs, including the American Friends Service Committee, the Center for Constitutional Rights, Human Rights Watch, and the Open Society Institute, argue that the sanctions are a blatant attack on international justice and should be struck down. They assert that the sanctions infringe their constitutional rights to free speech, association, and religion, and violate US law and US obligations under international law. ### Sanctions Undermine Access to Justice The sanctions regime has had a chilling effect on human rights work around the world. The plaintiffs have been forced to curtail a wide range of human rights and legal work in violation of their First and Fifth Amendment rights under the US Constitution and under the Religious Freedom Restoration Act. The sanctions have stopped the four plaintiff organizations from continuing or undertaking activities like representing victims of war crimes as legal counsel, making legal and policy submissions to the ICC, and collaborating with the sanctioned Palestinian human rights groups. The crippling effects of the sanctions extend well beyond US borders. Due to the dominance of US financial institutions and technology companies, non-US banks and other entities outside of US jurisdiction are also being chilled from providing services. Sanctioned individuals and the Palestinian human rights groups have experienced frozen or closed bank accounts, rejection of financial transactions, denial of access to digital services, and travel bans. ### ICC's Role in Pursuing Justice The ICC has launched 18 investigations around the globe, including in Afghanistan, Central African Republic, the Democratic Republic of Congo, Libya, the Philippines, Darfur (Sudan), and Ukraine. The court has jurisdiction over nationals of ICC states parties and those who commit these serious crimes on the territory of an ICC state party, whatever their nationality. Nearly two-thirds of UN member countries have joined the court. The ICC is a permanent international court created to try individuals accused of war crimes, crimes against humanity, genocide, and the crime of aggression. The court does not displace the responsibility of states to bring justice for these crimes and can only act if a state is unable or unwilling to conduct genuine national proceedings. ### Rights Groups Refuse to Stay Silent The plaintiffs are seeking an end to this sanctions regime, which they argue transgresses the president's authority and violates international and US law, including the rights to freedom of expression and religion. The groups are refusing to stay silent when the pursuit of justice is criminalized and are joining this lawsuit to protect human rights and advance the cause of justice. The lawsuit has significant implications for the future of international justice and the rule of law. The outcome of this case will determine whether the Trump administration's actions will be upheld or whether the ICC will be able to continue its work in pursuing justice for victims of war crimes and crimes against humanity.