Four major human rights organizations filed a federal lawsuit Tuesday alleging the Trump administration violated constitutional rights by imposing sweeping sanctions against the International Criminal Court and groups that cooperate with it.
Constitutional Rights at Stake
The American Friends Service Committee, Center for Constitutional Rights, Human Rights Watch, and Open Society Institute claim the sanctions force them to curtail human rights work, violating their freedom of speech and due process rights. The lawsuit argues Trump exceeded presidential authority by declaring a national emergency without factual basis. Joyce Ajlouny, general secretary of the American Friends Service Committee, stated the executive order seeks to intimidate human rights defenders and criminalize the pursuit of justice for war crimes and genocide victims.
The lawsuit represents the latest legal challenge to Trump’s sanctions policy. Previous suits filed by the Washington-based DAWN rights organization, Taxpayers Alliance Against Genocide, ICC judges, and UN Special Rapporteur Francesca Albanese’s family have made similar constitutional claims. Federal judges in Maine and New York ruled last year that Trump’s ICC executive order violated constitutional rights of individual advocates and academics providing expertise to the court.
Escalating Campaign Against International Court
Trump issued a sweeping executive order in February 2025 authorizing sanctions against ICC prosecutors, judges, officials, and individuals or groups supporting court investigations. The order specifically cited arrest warrants issued against Israeli Prime Minister Benjamin Netanyahu for war crimes in Gaza and ongoing investigations into potential abuses by foreign forces in Afghanistan, including American military and intelligence personnel. Since then, several ICC judges, prosecutors, Palestinian rights groups providing evidence to the court, and UN Special Rapporteur Albanese have faced sanctions including travel bans and asset restrictions.
Secretary of State Marco Rubio pledged last month to increase pressure to disable the ICC, accusing the court of waging war against America through international law. He promised increased scrutiny of countries receiving American assistance and stronger penalties on officials. Chad recently cited Washington pressure when announcing its withdrawal from the court.
What This Means
International law experts call the timing perplexing since no American citizens currently face known ICC investigations beyond the stalled Afghanistan probe. No American has ever been prosecuted by the ICC. The United States never signed the ICC’s founding charter and remains outside its jurisdiction, though abuses committed on member state territory can be investigated and prosecuted.