ICC judges challenge US sanctions in Manhattan federal court
Kimberly Prost, Solomy Balungi Bossa, and Reine Adelaide Sophie Alapini-Gansou argue sanctions exceeded legal authority and imposed a financial penalty
Three judges of the International Criminal Court have initiated legal proceedings in a Manhattan federal court against US President Donald Trump and his administration, contesting the legality of sanctions imposed on them last year. The plaintiffs, Judges Kimberly Prost, Solomy Balungi Bossa, and Reine Adelaide Sophie Alapini-Gansou, argue that the measures were unlawful and intended to exert extrajudicial pressure regarding the court’s adjudication of war crimes cases involving the United States and Israel.
The lawsuit contends that the sanctions, which blocked the judges’ US-based assets and prohibited transactions with US entities, were imposed in retaliation for the ICC issuing an arrest warrant for Israeli Prime Minister Benjamin Netanyahu and opening a case into alleged war crimes by US troops in Afghanistan. The judges assert that the measures were designed to punish and coerce them into prioritising private financial interests over judicial decisions based on law and facts.
In their filing, the judges argue that the sanctions exceeded the scope of the International Emergency Economic Powers Act (IEEPA) and were not grounded in a genuine national emergency or extraordinary threat. They describe the regime as a “financial death penalty,” citing specific incapacities resulting from the restrictions, including the inability to use credit cards, access banking services, book travel, or obtain health insurance.
The complaint further notes that the sanctions prevent the use of common online platforms such as Amazon and Google and bar the submission of evidence and argument in any pending or future proceedings before the judges. The measures effectively isolate the judges from the US financial system and commercial infrastructure, a consequence the plaintiffs argue was intended to undermine their judicial independence.
The International Criminal Court, established in 2002, holds jurisdiction to prosecute genocide, crimes against humanity, and war crimes in its 125 member states or where situations are referred by the UN Security Council. However, the court’s authority is not recognised by several major powers, including the United States, China, Russia, and Israel. This legal challenge follows a precedent set during Trump’s first term, when his administration sanctioned ICC prosecutor Fatou Bensouda and an aide over the court’s investigation into Afghanistan.
