ICC Judges Sue Trump Over Sanctions Targeting Afghanistan and Palestine Investigations

Three judges of the International Criminal Court (ICC) have filed a lawsuit against US President Donald Trump, challenging executive sanctions imposed on officials involved in investigations concerning alleged war crimes in Afghanistan and Palestine. The judges argue that the sanctions unlawfully interfere with judicial independence and exceed presidential authority.

The lawsuit, filed before the US District Court for the Southern District of New York, challenges Trump's February 2025 executive order declaring a national emergency and imposing sanctions on ICC officials involved in issuing an arrest warrant against Israeli Prime Minister Benjamin Netanyahu and investigating alleged crimes by US forces in Afghanistan.

Judges Kimberly Prost of Canada, Solomy Bossa of Uganda and Reine Alapini-Gansou of Benin contend that the executive order violates the International Emergency Economic Powers Act, the National Emergencies Act, the Administrative Procedure Act and the Fifth Amendment of the US Constitution. They argue that the sanctions unlawfully deprive them of property and professional rights without due process while conflicting with US obligations under international law.

According to the complaint, the sanctions have resulted in travel restrictions, frozen assets, cancelled bank accounts and limited access to technology platforms, significantly affecting the judges' professional work. This is the first lawsuit challenging the sanctions to be filed by ICC judges themselves.

The Trump administration defended the measures, arguing that neither the United States nor Israel is a party to the Rome Statute and that the ICC's actions threaten US sovereignty and national security.

Human rights organisations have strongly criticised the sanctions, describing them as an unprecedented attack on judicial independence and the international justice system.