US District Judge Jesse Furman issued a
preliminary injunction, finding that federal restrictions on providing services
to ICC officials targeted by sanctions amounted to content-based regulation of
speech. The government, he said, had failed to meet the strict legal standard
required to justify such restrictions under the Constitution.
The ruling prevents relevant US agencies from
enforcing punitive measures against Democracy for the Arab World Now (DAWN) and
the Taxpayers Against Genocide (TAAG) under the International Emergency
Economic Powers Act (IEEPA).
The law provides for civil penalties of up to
$377,700 or imprisonment for as long as 20 years.
DAWN has regularly submitted evidence and
information concerning alleged war crimes to the ICC under Article 15 of the
Rome Statute. TAAG, which was established to submit similar documentation to
the court, had refrained from formally filing evidence amid fears of legal
action.
Both organisations welcomed the ruling, saying
they would immediately resume submitting evidence of alleged war crimes to the
ICC. They also plan to restart formal coordination with Francesca Albanese, the
UN special rapporteur, and communication with Palestinian human rights
organisations Al-Haq, Al Mezan and the Palestinian Centre for Human Rights.
The lawsuit challenged Executive Order 14203,
issued in February 2025, which directed US agencies to take measures against
individuals and entities associated with the ICC over investigations involving
the United States and its allies, including Israel. Neither country recognises
the court’s jurisdiction.
The executive order targeted former ICC chief
prosecutor Karim Khan, six judges and several UN officials.
Tensions between Washington and the ICC
intensified in November 2024, when the court issued arrest warrants for Israeli
Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant over
alleged war crimes in Gaza. The warrants further escalated the dispute between
the United States and the court over the ICC’s jurisdiction and operations.
Last Friday, US Secretary of State Marco Rubio
announced sanctions against the ICC and warned that Washington could seek to
dismantle the international judicial institution if member states failed to
limit its powers.
The ICC currently has 125 member states. Neither
the United States nor Israel is a member.
The court’s intervention against sanctions on the
two human rights organisations presents a fresh legal obstacle to the Trump
administration’s efforts to pressure the ICC. It has also renewed debate in the
United States over constitutional free-speech protections, the submission of
evidence to international courts and the ability of human rights organisations
to carry out their work without government interference.
Source: Anadolu Agency

Wednesday, October 14, 2026
Published Date : October 14, 2026
