Human Rights Watch and three other advocacy groups filed a lawsuit on Tuesday to challenge the Trump administration's campaign against the International Criminal Court (ICC). The groups argue that sanctions imposed on ICC judges and prosecutors are hindering efforts to prosecute individuals responsible for humanity’s most severe crimes.
The complaint, lodged in the Southern District of New York, contends that President Donald Trump’s executive order from last year targeting the Hague-based court, along with U.S. sanctions against a U.N. human rights expert and three Palestinian rights groups, constitutes "a blatantly illegal attack on international justice and should be struck down," according to a press release.
This lawsuit represents another instance of organizations opposing what they term the Trump administration’s attempts to undermine international law and impede global efforts to combat impunity by governments.
Andrew Loewenstein of Foley Hoag LLP, lead counsel for the plaintiffs, stated that "The fact that so many leading human rights and humanitarian organizations have come together to challenge Trump’s unlawful executive order demonstrates the widespread harm it is causing across civil society groups dedicated to bringing those responsible for grave crimes to justice."
The groups assert that financial and legal penalties against the ICC have compelled them 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.”
Other organizations participating in the lawsuit include the American Friends Service Committee, the Center for Constitutional Rights, and the Open Society Institute.
These efforts to maintain the global tribunal’s authority come as the ICC faces significant pressure both internally and from its more than 120 member states. Among those sanctioned by the U.S. last year was Karim Khan, who served as the ICC’s chief prosecutor until his removal last month, nearly two years after sexual misconduct allegations against him first surfaced, as reported by The Associated Press.
The Trump administration issued these sanctions against Khan and a dozen other ICC staff members in response to warrants the court had issued for top Israeli officials, including Prime Minister Benjamin Netanyahu, concerning the war in Gaza and investigations into U.S. personnel in Afghanistan.
Subsequently, U.S. Secretary of State Marco Rubio announced that the U.S. was initiating "a sweeping campaign to dismantle the threat posed by the International Criminal Court to U.S. sovereignty.”
In a video message last month, Rubio stated that the U.S. would pressure member states to withdraw from the institution, sanction organizations collaborating with the court, and prohibit staff from traveling to the United States. He added that countries "that enjoy the benefits of the U.S. security umbrella” would be urged to reject the court’s jurisdiction over U.S. citizens.
Several nations, including U.S.-allied Venezuela, announced their withdrawal from the court shortly after Rubio's statements and Khan's removal.