NEW YORK — The American Friends Service Committee, the Center for Constitutional Rights, Human Rights Watch, and the Open Society Institute filed a lawsuit against the Trump administration in federal court on Tuesday. The complaint was filed in the Southern District of New York.

The lawsuit challenges President Donald Trump's February 2025 executive order authorizing sanctions on International Criminal Court officials, judges, and others supporting its investigation of Israeli crimes in Palestine. The legal action argues that the sanctions violate constitutional protections for free speech and association and US obligations under international law.

The plaintiffs assert that the financial and legal penalties have forced them to curtail 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. The sanctions have hindered the ability of rights groups not directly targeted to represent victims before the court, make legal and policy submissions, or collaborate with sanctioned Palestinian groups.

Katherine Gallagher, senior attorney at the Center for Constitutional Rights, said the Trump administration took the extraordinary step to not only deny Palestinians and victims of US torture equal access to justice, but to criminalize and punish them, their lawyers and advocates, and their partners. She added that because of the sanctions regime and the threat of severe criminal and civil penalties, if she continued her work as a lawyer as before, she would have been or could be prosecuted or fined, so she has ceased actively practicing before the ICC.

James Goldston, executive director of the Open Society Justice Initiative, stated that independent courts can function only when judges, prosecutors and rights advocates are free to do their work without fear of political retaliation. He said the principle that no one is above the law must be upheld, and that justice must be fair and impartial, not only directed at America’s adversaries.

Liz Evenson, international justice director at Human Rights Watch, characterized the administration's approach as an attempt to evade accountability. She said the Trump administration seeks a get out of jail free card for whomever it chooses, and with this case, the plaintiffs are saying no. Andrew Loewenstein, lead counsel representing the plaintiffs, noted 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.

Individuals placed under US sanctions over their work for the ICC have been subjected to travel bans, had their bank accounts closed or frozen, and been denied access to digital services. Shawan Jabarin, director of the human rights group Al Haq, stated in an interview last year that sanctions left the group unable to access bank accounts or process donations, leaving about 45 people without pay. He also said that longtime allies cut communications with Al Haq to avoid running afoul of the sanctions regime, which carries potential punishments of up to 20 years in prison and exorbitant fines.

The US government is not a party to the International Criminal Court, which is an intergovernmental organization and international tribunal. The ICC prosecutor issued arrest warrants in November 2024 for Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant over crimes committed in Gaza. The US responded to the ICC arrest warrants by sanctioning ICC prosecutors, judges, three leading Palestinian human rights groups, and Francesca Albanese, the UN special rapporteur on the situation of human rights in Palestinian territory.

US Secretary of State Marco Rubio announced a campaign aimed at dismantling the ICC by pressuring member states to leave the court. He stated in a video message that the US would pressure member states to withdraw from the ICC, sanction organizations that work with the court, and ban staff from traveling to the United States. He added that countries enjoying the benefits of the US security umbrella would be called upon to reject the ICC’s jurisdiction over US citizens.

The lawsuit follows one filed last month by Democracy in the Arab World Now (Dawn) and the Taxpayer Alliance Against Genocide. Legal challenges have been brought by sanctioned individuals, including Francesca Albanese’s family and three sitting ICC judges. The Trump administration issued sanctions against Karim Khan and a dozen other ICC staff in retaliation for warrants the court issued for top Israeli officials and investigations into US personnel in Afghanistan. Sexual misconduct allegations against Karim Khan first emerged nearly two years ago.

A demonstration in defense of the International Criminal Court took place at Piazza Ugo La Malfa in Rome, Italy, on 16 July 2026.

Why It Matters

The lawsuit contends that the sanctions regime criminalizes legal advocacy, forcing lawyers to cease representation of ICC clients to avoid prosecution or fines. By freezing bank accounts and cutting off digital services, the penalties have halted operations for human rights groups and left dozens of employees unpaid. Plaintiffs argue this sets a precedent where the government dictates which defendants are subject to accountability, potentially shielding perpetrators of war crimes from scrutiny while punishing those who pursue justice.