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NEW YORK: A United States judge on Monday (January 4) blocked the Trump administration from sanctioning human rights lawyers for supporting the work of the world’s war crimes tribunal, the International Criminal Court.
Federal District Judge Katherine Polk Failla in Manhattan issued a preliminary injunction against the White House imposing criminal or civil penalties against four law professors under an executive order from President Donald Trump last June.
Trump had authorized travel and economic sanctions against Hague-based ICC employees and anyone who supports their work, including an investigation into whether US forces committed war crimes in Afghanistan between 2003 and 2014.
Failla said the plaintiffs are likely to be able to show that Trump’s order unconstitutionally stifled his speech, resulting in irreparable harm.
READ: UN regrets Trump’s move against ICC, says court must be protected
“The court is aware of the government’s interest in defending its foreign policy prerogatives and maximizing the effectiveness of its policy tools,” Failla wrote. “However, national security concerns should not become a talisman used to avoid inconvenient claims.”
A spokesman for the Justice Department declined to comment.
The lawsuit was filed by the Open Society Justice Initiative, a New York-based human rights group, and the professors.
His attorney, Andrew Loewenstein, a partner at Foley Hoag, said the plaintiffs were “delighted” that Failla viewed the penalties as a “serious violation” of his First Amendment rights.
James Goldston, executive director of the Open Society Justice Initiative, urged the incoming Biden administration to rescind Trump’s order, which he said was in “direct conflict with Washington’s historic support for international justice.”
READ: UK supports international court after Trump approves sanctions
Administration officials have accused the ICC of infringing on US sovereignty and allowing Russian manipulation to serve Moscow’s interests, and US Secretary of State Mike Pompeo called the court a “kangaroo court.”
In September, the US administration sanctioned the chief prosecutor of the ICC, Fatou Bensouda. His investigation also covers possible war crimes by the Taliban and Afghan authorities.
A Biden administration could consider lifting those sanctions while it evaluates the use of sanctions in foreign policy, two sources said last month.
The ICC has called Trump’s order an attack on international criminal justice and the rule of law. The European Union has also objected.
