Human Rights Advocates Sue Trump Over ‘Unconstitutional’ ICC Sanctions!

On a recent Friday in a Maine federal court, two human rights advocates challenged U.S. President Donald Trump’s economic and travel sanctions against ICC Prosecutor Karim Khan, arguing that these sanctions infringe upon their First Amendment rights. Specifically, the sanctions prevent U.S. citizens from providing any services or support to Khan while the sanctions are active.

The lawsuit, initiated by the ACLU, represents Matthew Smith, co-founder of Fortify Rights, and Akila Radhakrishnan, an international lawyer.

The sanctions were imposed by Trump following Khan’s decision to issue an arrest warrant for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, accusing them of war crimes and crimes against humanity in Gaza.

The complainants contend that the sanctions not only impede their ability to collaborate with Khan but also halt their efforts to investigate other international crimes.

Smith, who has previously supplied the ICC with evidence regarding the forced deportation and genocide of the Rohingya in Myanmar, expressed that the executive order has forced him to cease aiding the ICC in investigating severe crimes committed in Myanmar, including mass murder, torture, and human trafficking.

“This executive order doesn’t just disrupt our work—it actively undermines international justice efforts and obstructs the path to accountability for communities facing unthinkable horrors,” Smith stated.

“The Trump administration’s sanctions may discourage countries, as well as individuals and corporations, from assisting the court, making it harder to bring alleged perpetrators from Israel and other countries to trial.”

Charlie Hogle, a staff attorney with the ACLU’s National Security Project, criticized the executive order as “unconstitutional” for preventing humanitarian groups in the U.S. from engaging in their human rights endeavors with the ICC.

Radhakrishnan, who focuses on addressing gender-based violence in Afghanistan, emphasized her lawsuit’s purpose: “I’m bringing this suit to prevent my own government from punishing me for attempting to hold the Taliban accountable for its systematic violence against Afghan women and girls.”

In March, Amnesty International highlighted that Trump’s sanctions would impede justice for all victims for whom the ICC serves as a last resort, especially those in Gaza and the occupied Palestinian territories.

The organization noted that the court relies on cooperation from its member states for investigations and prosecutions, including executing ICC arrest warrants. “The Trump administration’s sanctions may discourage countries, as well as individuals and corporations, from assisting the court, making it harder to bring alleged perpetrators from Israel and other countries to trial,” Amnesty stated.

Amnesty International further warned, “Ultimately, the sanctions will harm all of the ICC’s investigations, not just those opposed by the U.S. government. They will negatively impact the interests of all victims who seek justice from the court across various countries, including those investigations the U.S. ostensibly supports—for example, in Ukraine, Uganda, or Darfur.”