Trump’s ICC order violates free speech, advocacy groups say in lawsuit

Two United States-based advocacy groups sued the Trump administration on Wednesday, arguing that sanctions imposed on the International Criminal Court (ICC) violate constitutional free speech protections after US officials launched a diplomatic campaign this week aimed at dismantling the court.

President Donald Trump and other US politicians have long said that the ICC should not have the authority to investigate or prosecute Americans, particularly members of the military. On Monday, the administration said the court posed a threat to US sovereignty and pledged to expand sanctions, including travel bans for ICC staff, while increasing diplomatic pressure on the Hague-based court, drawing criticism from European allies.

In a lawsuit filed at a federal court in New York, Democracy for the Arab World Now and the Taxpayer Alliance Against Genocide sought to block Trump’s February 2025 executive order, under which sanctions have been imposed on ICC judges and prosecutors and Palestinian human rights groups who called for the court to investigate allegations that the US and Israel may have committed war crimes during the war in Gaza.

Read: US Supreme Court rejects Trump appeal over $5m sexual abuse, defamation verdict

The groups say they have refrained from filing submissions with the ICC and coordinating advocacy with those hit by the sanctions, including Francesca Albanese, the United Nations special rapporteur for Palestine, for fear of fines and potential prison terms, according to a copy of their complaint seen by Reuters.

“The Trump administration is using the blunt instrument of economic sanctions not only to punish human rights defenders but to police the political expression of millions of Americans,” Omar Shakir, executive director of Democracy for the Arab World Now, said in a statement.

Trump’s opposition toward the ICC goes back to his first term. A similar executive order Trump issued in 2020 was blocked by a judge, who said it likely violated the First Amendment, before being rescinded by President Joe Biden’s administration in 2021.

EU, Netherlands back court

Trump officials last year launched a new effort to penalise ICC officials after the ⁠ICC issued an arrest warrant for his ally, Prime Minister Benjamin Netanyahu of Israel. Three ICC judges have separately sued the Trump administration over the sanctions.

In March 2020, ICC prosecutors opened an ​investigation in Afghanistan that included looking into possible crimes by US troops, but since 2021, it has deprioritised the role of ​the US and focused ⁠on alleged crimes committed by the Afghan government and Taliban forces.

Read More: US judge lifts Trump curbs on legal immigration processing

The court, which is based in the Netherlands, has taken no steps to investigate US personnel in recent years.

The EU on Tuesday reiterated its support for the ICC and said it was committed to the fight against impunity. “Attacks or threats against the court, elected officials, personnel or those cooperating with the court are simply not acceptable. And let’s also recall that the ICC does not target sovereign states, nor does it constitute a threat to their sovereignty, ” EU Commission spokesperson Anouar El Anouni said in a briefing.

The Foreign Ministry of the Netherlands said independent courts and tribunals must be able to carry out their mandate unimpeded.

“We have noted the US statements, the position is not a new one, but we are worried about the hardened tone,” the ministry said in a message to Reuters.