Three International Criminal Court judges filed a lawsuit on Wednesday against US President Donald Trump and his administration, challenging the legality of sanctions imposed on them last year. The judges argue that the measures are unlawful and designed to punish them for prior judicial decisions.
Judges Challenge Sanctions in Manhattan Federal Court
The lawsuit, filed in the federal court in Manhattan, was brought by Judges Kimberly Prost of Canada, Solomy Balungi Bossa of Uganda, and Reine Adelaide Sophie Alapini-Gansou of Benin. They contend that the sanctions exceed the scope of the International Emergency Economic Powers Act (IEEPA) and are not based on a genuine national emergency or extraordinary threat.
The Trump administration imposed sanctions on several ICC judges last year in retaliation for the court's issuance of an arrest warrant for Israeli Prime Minister Benjamin Netanyahu and a past decision to investigate alleged war crimes by US troops in Afghanistan. The State and Treasury departments and the White House did not immediately respond to requests for comment.
Sanctions Described as 'Financial Death Penalty'
According to the lawsuit, the sanctions regime is intended to exert extrajudicial pressure on the judges by targeting their financial and personal interests. The filing states: '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 prioritizing their private interests over deciding cases on the basis of the law and facts.'
The judges further argue that being subjected to such sanctions under IEEPA 'is tantamount to the financial death penalty.' Due to the sanctions, they are no longer able to use credit cards, access banking services, use common online platforms like Amazon and Google, book travel, and in some cases, obtain health insurance. The sanctions also bar the submission of evidence and argument in any pending or future proceedings before them.
Background on ICC and US Opposition
The ICC, established in 2002, has international jurisdiction to prosecute genocide, crimes against humanity, and war crimes in its 125 member states or if a situation is referred by the UN Security Council. However, the US, China, Russia, and Israel do not recognize its authority. The Trump administration's opposition to the court dates back to Trump's first term, when Washington imposed sanctions on then-prosecutor Fatou Bensouda and one of her top aides over the court's work on Afghanistan.
