World Court Judges Sue Trump Admin Over Sanctions Imposed on ICC Bench

Three International Criminal Court (ICC) judges have filed a lawsuit against US President Donald Trump and his administration, challenging sanctions imposed on them last year and arguing that the measures were unlawful.

In the case filed in federal court in Manhattan, judges Kimberly Prost of Canada, Solomy Balungi Bossa of Uganda and Reine Adelaide Sophie Alapini-Gansou of Benin said the sanctions were intended to exert extrajudicial pressure, with the objective of punishing and coercing them over prior judicial decisions.

The State Department, Treasury Department and White House did not immediately respond to requests for comment.

The Trump administration imposed sanctions on several ICC judges last year in an unprecedented move, in retaliation for the war tribunal’s issuance of an arrest warrant for Israeli Prime Minister Benjamin Netanyahu and its earlier decision to open an investigation into alleged war crimes by US troops in Afghanistan.

The sanctions severely restrict individuals’ ability to conduct routine financial transactions, as banks with ties to the United States — or those processing dollar-denominated transactions — are required to comply with the restrictions.

Established in 2002, the ICC has jurisdiction to prosecute genocide, crimes against humanity and war crimes in member states, or in situations referred by the UN Security Council.

While the court’s authority is recognised by its 125 member states, several countries — including the United States, China, Russia and Israel — do not accept its jurisdiction.

The Trump administration’s hostility towards the court dates back to his first term in office. In 2020, Washington imposed sanctions on then-prosecutor Fatou Bensouda and one of her senior aides over the court’s investigation into Afghanistan.

Judges Challenge Legal Basis

The lawsuit argues that the sanctions are unlawful, claiming they exceed the authority granted under the International Emergency Economic Powers Act (IEEPA) and were not based on any genuine national emergency or extraordinary threat.

“The Sanctions Regime ... is designed to exert extra-judicial pressure on these judges and their colleagues on the ICC bench by targeting their financial and other personal interests, with the objective of punishing them for prior judicial decisions and coercing them into prioritising their private interests over deciding cases on the basis of law and facts,” the filing said.

“Being subjected to such sanctions under IEEPA is tantamount to the financial death penalty. Due to the sanctions, Judges Prost, Bossa, and Alapini-Gansou are no longer able, among other things, to use credit cards; access banking services; use common online platforms such as Amazon and Google; book travel; and, in some cases, obtain health insurance,” it added.

The judges also argue that the sanctions prevent the submission of evidence and legal arguments in any pending or future proceedings before them.

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