New York – A diverse group comprising legal scholars, former government officials, and international human rights organizations submitted eight amicus curiae briefs in support of a federal lawsuit challenging the executive order issued by President Donald Trump. The order authorizes sanctions against officials, employees, and associates of the International Criminal Court (ICC). The litigation was initiated on August 11, 2026, by the American Friends Service Committee, the Center for Constitutional Rights, Human Rights Watch, and the Open Society Foundations.
Constitutional and Legal Challenges
The plaintiffs are seeking a preliminary injunction to halt the enforcement of these sanctions. In their complaint, the organizations argue that the measures constitute an unlawful assault on international justice and violate the First and Fifth Amendments of the U.S. Constitution, as well as the Religious Freedom Restoration Act. They contend that the sanctions force a significant reduction in their operational capacity, thereby infringing upon their constitutional rights to free speech and association.
The lawsuit further asserts that the executive order exceeds presidential authority. It claims the administration’s justification relies on a fabricated claim of a national emergency arising from the ICC’s activities, which lacks factual basis. The briefs emphasize that the sanctions undermine the ability of victims of serious international crimes to access justice and prevent civil society from collaborating to end impunity.
Geopolitical Context and Targeted Entities
Opposition to the ICC has long been driven by its investigations into atrocities in Libya, the Philippines, Sudan, and Ukraine. However, tensions escalated significantly following the court’s investigation into the situation in Palestine. This probe led to the issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and a Hamas official, accusing them of war crimes and crimes against humanity. These developments triggered a intensified campaign by the Trump administration against the institution and the rule of law.
In July, U.S. Secretary of State Marco Rubio pledged to dismantle the ICC, promising to expand the use of sanctions alongside other measures. The administration subsequently utilized the executive order to sanction ICC prosecutors, nine judges including the president of the court, the UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, and three prominent Palestinian human rights organizations.
The amicus briefs were filed by various groups representing the plaintiffs, who are represented in court by the law firm Foley Hoag LLP. The submissions aim to demonstrate to the Thurgood Marshall United States Courthouse in Lower Manhattan that the sanctions not only target specific individuals but also threaten the broader framework of international accountability and domestic civil liberties.
This report was produced by the HuMedia newsroom.
