A lawsuit by two US-based advocacy groups argues the Trump administration is stifling freedom of speech through penalties it imposed last year against the International Criminal Court (ICC) and Palestinian human rights groups.
The groups are challenging an executive order signed by President Donald Trump that placed sanctions on ICC judges, prosecutors and groups that are seeking a ruling against Israel over claims of human rights violations.
Representatives of the groups argue Trump’s order is being used to illegally “police the political expression of millions of Americans” and suppress pro-Palestinian advocacy.
The White House has not responded to a BBC email seeking comment.
Democracy in the Arab World Now (Dawn) and Taxpayer Alliance Against Genocide (Taag) are challenging the restrictions in a New York federal court. Washington has previously defended the penalties as necessary to target “illegitimate and baseless actions targeting America and our close ally Israel”.
The sanctions are being used “not only to punish human rights defenders but to police the political expression of millions of Americans”, said Dawn’s executive director Omar Shakir.
Trump’s executive order issued in February 2025 placed financial and visa restrictions on individuals who assist in ICC investigations of American citizens or US allies, and their families.
Washington has said the order would punish ICC judges and Palestinian non-governmental organisations who had called for the court to investigate allegations that Israel has committed war crimes in the Gaza Strip and the occupied West Bank – which Israel denies.
In the lawsuit filed on Wednesday, the groups said they had not made submissions to the court or co-ordinated advocacy with those hit by the sanctions for fear of potential fines and other reprisals. They argued such limitations were a violation of the US Constitution.
The action came after US officials launched a bid to dismantle the ICC, arguing it posed a threat to US sovereignty.
Earlier this week, Secretary of State Marco Rubio suggested the US could expand its sanctions, vowing to use “all the tools at our government’s disposal” to “dismantle the ICC, brick by brick, if necessary”.
Rubio – named as one of the defendants alongside Trump and top officials Todd Blanche and Scott Bessent – claimed the court threatened America’s political and legal system.
The US and Israel are not members of the ICC, which was established in 2002 with the power to bring prosecutions for alleged genocide, crimes against humanity and war crimes.
Trump announced the executive order last year after hosting Israel’s Prime Minister Benjamin Netanyahu.
The ICC had issued an arrest warrant for Netanyahu in 2024 over alleged war crimes in Gaza. The court also issued an arrest warrant for a Hamas commander.
The US at the time condemned the court’s “shameful moral equivalency” between Israel and Hamas.
