Washington:A US federal judge has blocked the Trump administration from penalizing two human rights organizations for their communication with the International Criminal Court (ICC). The judge ruled that the measures placed an unconstitutional restriction on free speech.
According to Anadolu Agency, US District Judge Jesse Furman granted a preliminary injunction, finding that the federal prohibition against providing services to sanctioned ICC personnel was a content-based regulation of speech that did not pass strict scrutiny. The ruling prevents federal agencies from enforcing civil fines of up to $377,700 or criminal penalties of up to 20 years in prison under the International Emergency Economic Powers Act against the plaintiffs Democracy for the Arab World Now (DAWN) and the Taxpayer Alliance Against Genocide (TAAG).
The decision is seen as a victory by the rights groups, who have announced plans to resume submitting evidentiary documentation to the tribunal. They also intend to restart coordination with UN Special Rapporteur Francesca Albanese and re-engage with Palestinian human rights organizations including Al-Haq, Al Mezan, and the Palestinian Centre for Human Rights.
The litigation specifically challenged Executive Order 14203, issued in February 2025, which directed federal agencies to impose consequences on entities tied to ICC investigations targeting the US or its allies, such as Israel, which have not consented to ICC jurisdiction. The order had targeted former ICC Prosecutor Karim Khan, six judges, and UN personnel.
US Secretary of State Marco Rubio had announced sanctions on the court the previous week, warning that the US would dismantle the tribunal if member nations did not curb its authority. This pressure from the US followed the ICC's issuance of arrest warrants in November 2024 for Israeli Prime Minister Benjamin Netanyahu and his former Defense Minister Yoav Gallant over alleged war crimes in the Gaza Strip. Neither the US nor Israel is a member of the ICC, which has 125 member states.