A coalition of former government officials, human rights groups, and legal experts have filed eight amicus briefs in federal court supporting a lawsuit against Donald Trump's sanctions targeting the International Criminal Court (ICC). The legal filings coincide with a major diplomatic clash at the United Nations, where European leaders strongly rejected Trump's public demand for member states to withdraw from the court. While the microstate Naoero announced its exit, European allies reaffirmed their steadfast support for the ICC's judicial independence.
Amicus briefs supporting the lawsuit
- ▪The Brennan Center for Justice filed an amicus brief explaining why President Donald Trump's executive order signed on February 6, 2025 exceeds presidential authority under the National Emergencies Act and the International Emergency Economic Powers Act
- ▪The International Criminal Court Bar Association and the New York City Bar Association filed amicus briefs asserting that Donald Trump's ICC sanctions threaten the independence of lawyers and interfere with the legal profession
- ▪A coalition of 38 human rights organizations, including Amnesty International and the International Federation for Human Rights, filed a joint amicus brief detailing how Donald Trump's ICC sanctions impair civil society's support for international justice
- ▪An array of former government officials, human rights groups, bar associations, and legal experts filed eight amicus briefs supporting a lawsuit filed on August 11, 2026 challenging Donald Trump's executive order authorizing sanctions on the International Criminal Court
- ▪Former United States sanctions officials, including from the Office of Foreign Assets Control, filed an amicus brief arguing the Trump administration's use of the International Emergency Economic Powers Act undermines the credibility of U.S. sanctions
Lawsuit challenging the sanctions
- ▪A lawsuit challenging Donald Trump's executive order authorizing ICC sanctions argues that the sanctions violate the plaintiffs' First and Fifth Amendment rights and exceed the president's authority under the International Emergency Economic Powers Act
- ▪The American Friends Service Committee, Center for Constitutional Rights, Human Rights Watch, and Open Society Institute filed the lawsuit challenging the sanctions on August 11, 2026.
U.S. campaign against the court
- ▪The United States State Department sanctioned International Criminal Court President Judge Tomoko Akane and senior trial lawyer Abdoulaye Seye in August 2026 under Donald Trump's 2025 executive order.
- ▪United States Secretary of State Marco Rubio announced a campaign in July 2026 to systematically disable the International Criminal Court's ability to operate and protect American sovereignty.
Trump's speeches against the ICC
- ▪During his speech at the United Nations General Assembly in 2018, Donald Trump claimed the International Criminal Court had no jurisdiction, legitimacy, or authority.
- ▪Donald Trump called on all member nations of the International Criminal Court to immediately resign from the institution during his United Nations General Assembly speech on September 22, 2026.
Naoero's withdrawal from the ICC
- ▪United States Assistant Secretary for East Asian and Pacific Affairs Michael DeSombre met with Naoero's Deputy Foreign Minister in September 2026, stating the country was standing up against the court's overreach.
- ▪Naoero President David Adeang announced on September 22, 2026, that his country would formally withdraw from the Rome Statute, citing the International Criminal Court's increasing irrelevance.
International support for the court
- ▪Netherlands Prime Minister Rob Jetten defended the International Criminal Court at the United Nations General Assembly on September 24, 2026, calling on nations to say 'hands off' the court.
- ▪European Council President Antonio Costa stated that the European Union stands firmly behind the International Criminal Court and called threats against the ICC's staff unacceptable
- ▪Irish Prime Minister Micheál Martin pledged Ireland's steadfast support for the International Criminal Court and stated that all U.S. sanctions against the court should be immediately withdrawn
- ▪German Foreign Minister Johann Wadephul rejected Donald Trump's call at the United Nations General Assembly to withdraw from the International Criminal Court, calling the court an important institution
Context of U.S. and Israeli opposition
- ▪Neither the United States nor Israel is a state party to the Rome Statute, and both reject the International Criminal Court's jurisdiction over their nationals.
- ▪The Trump administration's sanctions campaign against the International Criminal Court escalated following the court's investigation into Palestine, which led to arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Yoav Gallant
Debatable claims
- ▪US sanctions against the International Criminal Court are a justified defense of national sovereignty
- ▪Donald Trump's sanctions on the ICC exceed executive authority under federal law
- ▪Nations should withdraw from the International Criminal Court
Story comments
Loading comments…