Why Are ICC Judges Suing Trump Over Sanctions?

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TEMPO.CO, Jakarta – Three judges of the International Criminal Court (ICC) have filed a lawsuit against U.S. President Donald Trump and his administration, challenging sanctions imposed on them over their work at the Hague-based tribunal.

The lawsuit was filed in the U.S. District Court for the Southern District of New York in Manhattan on Wednesday, June 24.

According to the Saudi Gazette, the plaintiffs are ICC judges Kimberly Prost of Canada, Solomy Balungi Bossa of Uganda, and Reine Adelaide Sophie Alapini-Gansou of Benin. They argue that the sanctions are an unlawful attempt to punish and pressure judges for carrying out their judicial duties, undermining the independence of the court.

If successful, the lawsuit could limit the U.S. government's authority to sanction ICC judges over rulings or investigations opposed by Washington.

Background of the Sanctions

The sanctions stem from measures imposed by the Trump administration in 2025 following the ICC's issuance of an arrest warrant for Israeli Prime Minister Benjamin Netanyahu and its investigation into alleged war crimes involving U.S. military personnel in Afghanistan.

Under the sanctions, the judges' assets within U.S. jurisdiction were frozen, while U.S. citizens and companies were barred from providing them with funds, goods, or services. Because many international financial institutions comply with U.S. sanctions, the restrictions have also had effects beyond the United States.

Established in 2002 and headquartered in The Hague, the ICC prosecutes individuals accused of genocide, crimes against humanity, war crimes, and the crime of aggression. The court has 125 member states, although the United States, China, Russia, and Israel are not parties to the Rome Statute and do not recognize the court's jurisdiction.

U.S. Response

Responding to the lawsuit, a White House official said Trump acted within his authority under the International Emergency Economic Powers Act (IEEPA). The administration said it would continue to defend the president's actions as necessary to protect U.S. national security and foreign policy interests.

In June 2025, Secretary of State Marco Rubio announced sanctions against four ICC judges, including Alapini-Gansou and Bossa, over their involvement in decisions related to the Netanyahu arrest warrant.

Two months later, the administration added two more judges to the sanctions list, including Prost, citing her role in allowing an ICC investigation into alleged crimes committed by U.S. personnel at a CIA detention facility following the September 11, 2001 attacks.

Judges Challenge Legality of Sanctions

In their complaint, the judges argue that the sanctions exceed the president's authority under the IEEPA because they are not based on a legitimate national emergency and violate both international law and U.S. federal law. They also allege that the State Department and Treasury Department violated the Administrative Procedure Act by acting arbitrarily.

Prost and Bossa further contend that the freezing of their U.S. bank accounts violated the Fifth Amendment to the U.S. Constitution, which guarantees 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 A. Goldston, executive director of the Open Society Justice Initiative, who represents Prost in the case.

"This lawsuit seeks to reaffirm fundamental constitutional protections and the limits of executive power."

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