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38 Groups Challenge US Sanctions Against ICC in Federal Court

Thirty-eight civil society organizations have jointly submitted an amicus curiae brief to the United States District Court for the Southern District of New York, challenging the legality of sanctions imposed by the Trump administration against the International Criminal Court (ICC). The filing supports a lawsuit brought by the American Friends Service Committee, the Center for Constitutional Rights, Human Rights Watch, and the Open Society Institute, which contests the measures enacted under Executive Order 14203.

The coalition, led by Amnesty International and the International Federation for Human Rights (FIDH), argues that the sanctions extend far beyond their direct targets. While the order specifically penalizes ICC judges and prosecutors, a UN human rights expert, and three Palestinian human rights groups, the organizations contend that the broader impact is a systemic chilling effect on global civil society engagement with the Court. They assert that these measures undermine victims’ access to justice and disrupt the essential networks required for the ICC to function effectively.

Alexis Deswaef, President of FIDH, emphasized the human cost of these restrictions. “Behind every civil society organisation being silenced or pushed away from the ICC are victims and survivors waiting for justice,” Deswaef stated. He warned that closing pathways for evidence and testimony could mean losing one of the last chances for accountability for those who have been failed by domestic legal systems. Agnès Callamard, Secretary General of Amnesty International, added that the sheer number of organizations submitting the brief demonstrates the resilience of civil society in opposing what she described as an attempt to destroy the Rome Statute.

The amicus brief outlines two primary arguments against the executive order. First, it contends that the sanctions are fracturing the civil society networks essential to the ICC’s operations. These networks include lawyers, victim representatives, and survivor-advocates who document atrocity crimes, support victim participation, and provide critical legal and cultural expertise. Second, the brief argues that the draconian financial and legal penalties violate rights to freedom of expression and association. It notes that the order has already caused designated entities to lose funding, staff, banking access, and partnerships, while deterring other organizations from engaging with the Court.

The submission highlights that the resulting harm is measurable and irreparable, affecting not only civil society but also the administration of international criminal justice. The brief was assisted by the Coalition for the ICC secretariat, referencing their report titled “Criminalising Accountability: The US lawfare against the international justice system.” The organizations were represented by Mascarenhas Law PLLC. The signatories include a diverse range of groups such as the European Center for Constitutional and Human Rights, the Egyptian Initiative for Personal Rights, and the World Organisation Against Torture, among others.

This report was produced by the HuMedia newsroom.

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