US Court Blocks Trump-Era Sanctions on ICC, Citing Free Speech Violations
US Court Strikes Down Trump Sanctions on ICC, Citing First Amendment Violations
A U.S. federal judge has blocked former President Donald Trump’s executive order imposing sanctions on the International Criminal Court (ICC), ruling that it likely violates constitutional protections of free speech.
Judge Nancy Torresen issued a preliminary injunction, stating the executive order “appears to burden substantially more speech than necessary,” and concluded that the plaintiffs are likely to succeed in their First Amendment challenge.
The lawsuit was filed by human rights advocates Matthew Smith and Akila Radhakrishnan, who argued they were forced to halt their work with the ICC out of fear of being penalized under Trump’s February executive order.
The ruling now prevents the U.S. government from enforcing penalties against American citizens who engage with the ICC.
The American Civil Liberties Union (ACLU), which represented the plaintiffs, hailed the decision. “Preventing our clients and others like them from doing critical human rights work with the ICC is unconstitutional,” said ACLU attorney Charlie Hogle. “The First Amendment does not allow the government to impose sweeping limits on what Americans can say and who they can say it to.”
The ICC, established in 1998 through the Rome Statute, is responsible for prosecuting individuals accused of genocide, war crimes, and crimes against humanity. While the U.S. is not a party to the Rome Statute, several administrations have cooperated with the court’s investigations.
The Biden administration has offered support to the ICC in its pursuit of justice for war crimes in Ukraine, including providing evidence related to alleged Russian atrocities.
Trump had previously issued a similar sanctions order during his first term, which was blocked in 2021 and subsequently revoked by President Biden.
