{"id":26689,"date":"2026-06-26T19:58:15","date_gmt":"2026-06-26T19:58:15","guid":{"rendered":"https:\/\/www.europesays.com\/netherlands\/26689\/"},"modified":"2026-06-26T19:58:15","modified_gmt":"2026-06-26T19:58:15","slug":"icc-judges-sue-trump-administration-over-sanctions","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/netherlands\/26689\/","title":{"rendered":"ICC Judges Sue Trump Administration Over Sanctions"},"content":{"rendered":"<p class=\"css-140ip4z e1me5xab0\">The Trump administration imposed <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2025\/08\/21\/us\/politics\/international-criminal-court-us-sanctions.html\" title=\"\" rel=\"nofollow noopener\" target=\"_blank\">sanctions<\/a> last year against Kimberly Prost, a Canadian judge at the International Criminal Court. Now, she and two other judges are suing President Trump and his administration, claiming the penalties exceeded his authority.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">The case, filed in the Southern District of New York on Wednesday, is the latest effort to challenge what many experts have described as the Trump administration\u2019s efforts to undermine international law.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">If successful, the lawsuit could curb the American government\u2019s ability to use sanctions to punish judges for making rulings it disagrees with.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">Ms. Prost is joined in the suit by Judge Reine Alapini-Gansou from Benin and Judge Solomy Balungi Bossa from Uganda. A copy of the newly filed complaint was provided to The New York Times by one of the judge&#8217;s lawyers.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">The White House said in a statement that Mr. Trump \u201clawfully\u201d exercised his powers, and that \u201cthe administration will continue to vigorously defend the President\u2019s actions \u2014 protecting the national security and foreign policy of our country first and foremost.\u201d <\/p>\n<p class=\"css-140ip4z e1me5xab0\">In February 2025 the State Department <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2025\/02\/07\/us\/politics\/trump-icc.html\" title=\"\" rel=\"nofollow noopener\" target=\"_blank\">imposed sanctions<\/a> over the I.C.C.\u2019s investigations into actions by Israelis and Americans. Neither Israel nor the United States are members of the court, which is based in The Hague and was officially established in 2002 to prosecute the most serious international crimes, like genocide.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">Over the following months, the list of sanctioned judges on the court grew. In June, Secretary of State Marco Rubio announced sanctions on <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2025\/06\/05\/us\/politics\/international-criminal-court-sanctions-rubio-state.html\" title=\"\" rel=\"nofollow noopener\" target=\"_blank\">four judges<\/a>, including Ms. Alapini-Gansou and Ms. Bossa, for issuing arrest warrants against Israeli leaders.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">In August, officials added two judges to the list, including Ms. Prost. She was targeted for her role in authorizing an investigation into U.S. military personnel at secret C.I.A. sites in the years after the Sept. 11, 2001, attacks. The administration then imposed sanctions against <a class=\"css-yywogo\" href=\"https:\/\/www.reuters.com\/world\/rubio-says-us-sanctioning-icc-judges-targeting-israel-2025-12-18\/\" title=\"\" rel=\"noopener noreferrer nofollow\" target=\"_blank\">two more judges<\/a> in December.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">The United States has also placed other I.C.C. officials under sanctions, including the chief prosecutor, Karim Khan.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">Officials under sanction have faced asset freezes, travel bans and restrictions on services from U.S. companies.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">The new lawsuit argues that the sanctions exceeded Mr. Trump\u2019s authority under the International Emergency Economic Powers Act because they were not based on a national emergency and they conflict with international and federal law.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">The suit also argues that the State and Treasury Departments violated the Administrative Procedure Act, which prohibits decisions that are \u201carbitrary and capricious.\u201d These sanctions fall into that category, according to the lawsuit, which argues that the State Department has not even shown that the judges fall within the category of people against whom sanctions have been authorized.<\/p>\n<p>Updated\u00a0<\/p>\n<p>June 26, 2026, 3:06 p.m. ET<\/p>\n<p class=\"css-140ip4z e1me5xab0\">Ms. Prost and Ms. Bossa also claim that blocking their U.S.-based bank accounts violated the Fifth Amendment, which requires due process under American law.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">\u201cTargeting international judges for carrying out their judicial duties is an unprecedented attack on judicial independence and the rule of law,\u201d said James A. Goldston, executive director of the Open Society Justice Initiative, a rights-focused legal organization that is representing Ms. Prost in the case.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">Their executive-power arguments bear some similarities to those other plaintiffs have used successfully to challenge Trump administration policies, including the sweeping global tariffs that the Supreme Court struck down in February.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">Legal experts said, however, that courts might be less willing to apply that type of reasoning to sanctions.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">\u201cCourts have always said that it is not the domain of federal judges to second-guess factual, policy-infused judgments of emergencies or foreign policy matters that are made by the executive branch,\u201d said Aziz Huq, a law professor at the University of Chicago. That makes this case different from one challenging an economic policy like tariffs or a domestic law, he said. <\/p>\n<p class=\"css-140ip4z e1me5xab0\">The administrative-law claim may be more likely to succeed, experts say.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">\u201cThe low hanging fruit for them is to challenge the process rather than the president\u2019s ability to have done it at all,\u201d said Nabeel Yousef, who leads the global sanctions, export and trade practice at Freshfields, an international law firm. \u201cI think there might be something there.\u201d<\/p>\n<p class=\"css-140ip4z e1me5xab0\">Plaintiffs ordinarily must exhaust administrative remedies for those claims before filing a federal suit, however, and it is not clear whether the judges have done so.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">(Mr. Huq and Mr. Yousef spoke about this area of law generally. They have not reviewed the new lawsuit.)<\/p>\n<p class=\"css-140ip4z e1me5xab0\">This challenge, if it works, could build on another case, one involving Francesca Albanese, a United Nations official appointed to report on human rights in the West Bank and Gaza.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">This year, a U.S. federal judge <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2026\/05\/21\/world\/middleeast\/sanctions-albanese-free-speech.html\" title=\"\" rel=\"nofollow noopener\" target=\"_blank\">temporarily blocked<\/a> the administration\u2019s sanctions against Ms. Albanese for her contributions to the I.C.C. case against Israel, though an appeals court later halted the injunction while the case is pending.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">Legally, the cases are different. Ms. Albanese, who only submitted information to the court, challenged the sanctions against her on First Amendment grounds. <\/p>\n<p class=\"css-140ip4z e1me5xab0\">The lawsuit filed on Wednesday is intended, in part, to push back on what the judges believe is the punitive way in which the Trump administration is using sanctions. <\/p>\n<p class=\"css-140ip4z e1me5xab0\">Ms. Prost was at home, standing in her kitchen, when the call came informing she was being sanctioned. It wasn\u2019t a complete surprise, given that many of her colleagues had already been sanctioned, she said during an interview at The Hague this year.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">Within hours, she said, she had received a message from Amazon canceling her accounts. Before long, Google and her banks got in touch. Over the following days, credit cards ceased to work.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">\u201cHotel bookings are just a nightmare, because everyone wants that credit card,\u201d she explained. At one point, she said, she had to borrow someone else\u2019s credit card to pay a 15 euro bill for a highway toll pass.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">Ms. Prost has a history of working on the other side of sanctions: Between 2010 and 2015, she worked with the U.N. body responsible for putting in place international sanctions against the Islamic State and Al Qaeda. She reviewed those measures.<\/p>\n<p class=\"css-140ip4z e1me5xab0\">\u201cI\u2019m still a believer in sanctions, believe it or not, because properly applied, I think they\u2019re an extremely important tool,\u201d Ms. Prost said.<\/p>\n","protected":false},"excerpt":{"rendered":"The Trump administration imposed sanctions last year against Kimberly Prost, a Canadian judge at the International Criminal Court.&hellip;\n","protected":false},"author":2,"featured_media":26690,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[18327,18323,5863,18322,18328,11847,276,277,18326,18325,18324,42,2747,5859,9886],"class_list":["post-26689","post","type-post","status-publish","format-standard","has-post-thumbnail","category-the-hague","tag-albanese","tag-courts-and-the-judiciary","tag-donald-j","tag-embargoes-and-sanctions","tag-francesca-p","tag-gaza-strip","tag-international-criminal-court","tag-israel","tag-kimberly","tag-prost","tag-suits-and-litigation-civil","tag-the-hague","tag-trump","tag-united-states-international-relations","tag-united-states-politics-and-government"],"_links":{"self":[{"href":"https:\/\/www.europesays.com\/netherlands\/wp-json\/wp\/v2\/posts\/26689","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/netherlands\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/netherlands\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/netherlands\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/netherlands\/wp-json\/wp\/v2\/comments?post=26689"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/netherlands\/wp-json\/wp\/v2\/posts\/26689\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/netherlands\/wp-json\/wp\/v2\/media\/26690"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/netherlands\/wp-json\/wp\/v2\/media?parent=26689"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/netherlands\/wp-json\/wp\/v2\/categories?post=26689"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/netherlands\/wp-json\/wp\/v2\/tags?post=26689"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}