ICC judges sue Trump administration over sanctions in New York federal court
The three sanctioned judges describe the measures as a financial death penalty that has frozen their assets and blocked access to basic services
Three International Criminal Court judges filed a lawsuit in Manhattan challenging sanctions imposed by the Trump administration, arguing the measures violated their due process rights and exceeded presidential authority. The complaint, filed in the Southern District of New York, names judges Kimberly Prost of Canada, Solomy Balungi Bossa of Uganda, and Reine Alapini-Gansou of Benin as plaintiffs.
The judges contend the sanctions were retaliation for ICC investigations into alleged crimes committed by Israeli leaders and US military personnel in Afghanistan and were designed to punish judicial decisions and coerce future rulings. They describe the measures as tantamount to a "financial death penalty," citing frozen bank accounts, canceled credit cards, and restrictions on banking services, online platforms, and travel.
The Trump administration imposed sanctions on at least 11 ICC officials beginning in February 2025, targeting judges, prosecutors, and the court's investigation into Israel and US conduct. The sanctions stem from the ICC's 2024 arrest warrant for Israeli PM Benjamin Netanyahu on alleged war crimes. Secretary of State Marco Rubio expanded the designations in June and again in August, adding judges whose panels addressed investigations into US military abuses.
The judges challenge the sanctions under multiple legal theories. They argue the administration exceeded authority granted by the International Emergency Economic Powers Act because no genuine national emergency exists warranting emergency powers. They also claim the measures are arbitrary and capricious under the Administrative Procedure Act and violate the Fifth Amendment by freezing assets without due process.
"Targeting international judges for carrying out their judicial duties is an unprecedented attack on judicial independence and the rule of law," said James Goldston, executive director of the Open Society Justice Initiative, which is representing Judge Prost. "These judges are being punished for discharging their judicial duties independently by rendering decisions with which the Trump administration disagrees," he added.
This marks the first lawsuit filed by sitting ICC judges themselves challenging US sanctions targeting the court. It is the fifth legal challenge to the underlying executive order, with prior cases finding the measure violated free speech rights.
During his first term, Trump sanctioned then-ICC prosecutor Fatou Bensouda; the Biden administration subsequently lifted those penalties.