US groups sue Trump administration over ICC sanctions citing First Amendment rights
US groups sue Trump administration over ICC sanctions citing First Amendment rights

Two American advocacy groups have filed a lawsuit against the Trump administration, arguing that sanctions targeting Palestinian rights organisations, International Criminal Court (ICC) officials and a UN expert violate the First Amendment. The legal action, lodged in federal court in Manhattan, claims the sanctions have had a 'profound' chilling effect on Palestine-related advocacy, forcing US citizens to sever professional ties and abandon protected work.

Democracy in the Arab World Now (Dawn) and the Taxpayer Alliance Against Genocide jointly brought the case. Omar Shakir, executive director of Dawn, stated: 'The Trump administration is using economic sanctions not only to punish human rights defenders but to police the political expression of millions of Americans.' Both groups have previously worked on ICC submissions documenting Israeli actions in the West Bank and Gaza.

The 43-page complaint asserts that activities such as research, conferences and lobbying policymakers are 'protected speech and association, squarely within the First Amendment’s heartland'. It warns that continued work could expose American employees to criminal prosecution under Donald Trump’s executive order 14203. The lawsuit also argues that the sanctions exceed presidential authority under the International Emergency Economic Powers Act, which exempts non-commercial 'personal communications'.

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Legal experts have backed the First Amendment claim, with international human rights lawyer Akila Radhakrishnan noting that the sanctions have disrupted the 'ecosystem for international justice'. The suit further describes the measures as 'hopelessly ineffective' in halting ICC investigations, stating: 'Suppressing [advocates’] speech does nothing to prevent ICC prosecutors from conducting their own investigations.'

The defendants named in the lawsuit include Trump, Secretary of State Marco Rubio, Treasury Secretary Scott Bessent, Acting Attorney General Todd Blanche, and Office of Foreign Assets Control Director Brad Smith. Kenneth Roth, former executive director of Human Rights Watch, called the sanctions 'blatantly unconstitutional' for threatening US citizens assisting international justice efforts.

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