WASHINGTON – Two prominent human rights organizations have filed a lawsuit against the Trump administration, arguing that the sanctions imposed on the International Criminal Court (ICC) over its investigations into Israel’s military actions against Hamas in Gaza have unlawfully restricted their ability to advocate for the rights of Palestinians.
The lawsuit, lodged in federal court in Manhattan by DAWN (Democracy for the Arab World Now) and the Taxpayers Alliance Against Genocide, claims that the sanctions have forced these organizations to censor their advocacy efforts out of fear of repercussions from the White House. In an executive order issued last year, former President Trump not only targeted the ICC but also prohibited any exchange of services with sanctioned entities.
Omar Shakir, executive director of DAWN, expressed grave concerns, stating, “The Trump administration is using the blunt instrument of economic sanctions not only to punish human rights defenders but to police the political expressions of millions of Americans.” He emphasized that such actions violate the constitutional rights of American citizens and aim to shield foreign officials accused of serious human rights violations.
The ICC has been actively investigating allegations of war crimes in Gaza following the outbreak of conflict that began after Hamas attacked Israel on October 7, 2023. In 2024, judges at the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, which Netanyahu dismissed as “absurd.”
Both the United States and Israel are not members of the ICC and do not recognize its authority. In response to the ICC’s actions, the Trump administration’s executive order accused the court of conducting “illegitimate and baseless actions targeting America and our close ally Israel,” threatening significant consequences for those responsible for what it termed the ICC’s “transgressions.”
Over the past year, sanctions have been applied not only to Palestinian human rights organizations but also to ICC judges and staff, including the court’s former chief prosecutor and Francesca Albanese, the U.N. special rapporteur for the West Bank and Gaza. Albanese’s family has filed a lawsuit claiming these penalties violate the First Amendment.
According to the lawsuit, DAWN has ceased its submissions to the ICC regarding Israel’s conduct during the conflict, stopped sharing evidence and legal analysis with non-governmental organizations (NGOs) that have been sanctioned, and discontinued collaboration on advocacy campaigns. The organization has also been forced to halt professional engagement with Albanese.
The chilling effect of these sanctions has been profound, the lawsuit claims, creating an environment where organizations fear prison terms and severe fines for providing or receiving any services that could be interpreted as benefiting sanctioned parties. This has led to widespread self-censorship among advocates.
Marco Rubio, Secretary of State and one of the defendants in the lawsuit, recently condemned the ICC, promising that the Trump administration would dismantle the court “brick by brick, if necessary.” He argued that the ICC’s overreach could place U.S. military and law enforcement personnel at the mercy of the tribunal.
Rubio stated, “Accepting the ICC is to surrender control of our national destiny,” highlighting the administration’s commitment to resisting any perceived encroachment on U.S. sovereignty.
The State Department has indicated that the campaign against the ICC may lead to further sanctions, visa revocations, and travel bans for ICC personnel, as well as increased scrutiny of countries that do not reject the court’s authority.
