Black Agenda Report
Black Agenda Report
News, commentary and analysis from the black left.

  • Home
  • Africa
  • African America
  • Education
  • Environment
  • International
  • Media and Culture
  • Political Economy
  • Radio
  • US Politics
  • War and Empire

Trump’s Sanctions Against the ICC Are Unconstitutional, Rights Groups Say
Noah Hurowitz
22 Jul 2026
🖨️ Print Article
Francesca Albanese
Human rights groups sued the Trump administration and cited U.S. sanctions against U.N. special rapporteur Francesca Albanese, seen speaking at a summit in Brussels on April 22, 2026. Photo: Dursun Aydemir/Anadolu via Getty Images

The human rights groups’ suit came as the Trump administration vowed to destroy the International Criminal Court entirely.

Originally published in The Intercept.

Two pro-Palestine groups filed a lawsuit Wednesday that takes aim at U.S. sanctions against international human rights groups linked to efforts to hold Israel accountable for war crimes.

The lawsuit, filed in a New York federal court by Democracy for the Arab World Now, or DAWN, and Taxpayer Alliance Against Genocide, seeks to reverse sanctions brought under Executive Order 14203.

The order, which President Donald Trump made in February 2025, grants the administration power to issue penalties against any person or group seeking to bring a case against the U.S. or its allies — namely Israel — before the International Criminal Court.

The plaintiffs, both of whom coordinate with international NGOs in an effort to hold the U.S. and Israel accountable for war crimes, are seeking a declaration that the ICC sanctions are in violation of their First Amendment rights because they create obstacles to free association. The lawsuit also asks for an injunction barring the Trump administration from using sanctions to stymie free speech.

Trump’s assault on the ICC — most recently including a vow to “dismantle” the court — has focused mostly on efforts to hold Israel accountable for war crimes. In November 2024, the court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, another Israeli official, and an official with the armed Palestinian group Hamas for activities during the time period of Israel’s genocide in Gaza.

The White House executive order came down shortly after the arrest warrants were issued.

The rights groups’ lawsuit specifically highlights sanctions against Francesca Albanese, the U.N. official tasked with probing human rights violations in the occupied Palestinian territories, and three Palestinian nongovernmental organizations. According to the plaintiffs, the sanctions impinge on their First Amendment rights by preventing them from engaging in protected speech activities with Albanese and the NGOs.

“The Trump administration is using the blunt instrument of economic sanctions not only to punish human rights defenders but to police the political expression of millions of Americans,” said Omar Shakir, the executive director of DAWN, which was founded by journalist Jamal Khashoggi before his assassination by the Saudi government. “The government is violating the constitutional rights of American citizens in order to shield officials of a foreign government who have committed a genocide.

The defendants named in the suit are Trump, Secretary of State Marco Rubio, Treasury Secretary Scott Bessent, Acting Attorney General Todd Blanche, and Brad Smith, the director of the Treasury Department’s Office of Foreign Assets Control. (None of the American government officials immediately responded to requests for comment.)

Trump and his allies’ war on the international human rights community goes back years: In 2020, Trump issued sanctions against an ICC prosecutor after she called for an investigation into U.S. human rights abuses in Afghanistan.

Shortly after retaking the White House, Trump lifted Biden-era sanctions on Israeli settlers involved in violence against Palestinians and destruction of their property. Trump then issued Executive Order 14203, “Imposing Sanctions on the International Criminal Court,” which placed visa restrictions and financial penalties on individuals and groups seeking to help the ICC in any potential case against the U.S., Israel, or other allies.

Months later, the administration issued sanctions against Albanese, the U.N. special rapporteur. Albanese was briefly removed from the sanctions list in May after a federal judge ruled that the sanctions violated her rights, but the Office of Foreign Assets Control, which administers U.S. sanctions, added her to the list again days later, according to Al Jazeera.

The Albanese sanctions were followed in September 2025 with an edict sanctioning three NGOs: Al Haq, Al Mezan Center for Human Rights, and the Palestinian Centre for Human Rights.

In addition to penalizing Albanese and the NGOs, the sanctions bar any U.S. people or groups from engaging with them and make it a federal offense to receive or provide any “service” related to designated groups and people — an action the plaintiffs argue is in violation of their First Amendment rights.

The lawsuit comes at a moment of heightened attention to the sanctions against the ICC. Days before the lawsuit was filed, Rubio launched a broadside against the ICC in a Wall Street Journal opinion piece laying out a case for “dismantling” the court. Rubio specifically cited calls by DAWN for an investigation into potential war crimes in the U.S. bombing campaign against Iran.

“The ICC is backed and run by a powerful network of leftist nongovernment organizations, smug globalists, and hostile Third World governments united by their enmity toward the U.S.,” Rubio wrote. “Using all the tools at our government’s disposal, working beside every ally with whom we can make common cause, we will dismantle the ICC—brick by brick, if necessary.”

The timing of Rubio’s renewed attack on the ICC alongside the lawsuit appears to be a coincidence, but only serves to further underscore the stakes, according to Michael Schaeffer Omer-Man, a spokesperson for DAWN.

“The fact that he mentioned DAWN in his Wall Street Journal op-ed shows that the risk [of prosecution] to Americans is real,” Schaeffer Omer-Man told The Intercept. “But our primary goal is to get legal clarity that we can continue to have a working relationship with Francesca Albanese, and, equally if not more importantly, that we can resume working shoulder to shoulder with Palestinian civil society and human rights groups.”

Noah Hurowitz is a reporter focusing on federal law enforcement. Prior to working at The Intercept, he covered immigration, organized crime, and the war on drugs. He is based in New York City. Noah is the author of “El Chapo: The Untold Story of the World’s Most Infamous Drug Lord,” and his work has appeared in many publications including New York Magazine, Business Insider, and Rolling Stone.

ICC
International Criminal Court
ICC sanction
Human Rights
Donald Trump
Israel
Palestine

Do you need and appreciate Black Agenda Report articles? Please click on the DONATE icon, and help us out, if you can.


Related Stories

Dhoruba bin-Wahad
Guardian Foray: All That's Not Real Is Camouflage
09 September 2026
An Open Letter from the American "Left" allegedly on behalf of unnamed persons said to be Iranian political prisoners has provided co
Libertad para Fergie
Free Fergie Chambers: Solidarity Is Not a Crime
09 September 2026
Fergie Chambers is an American philanthropist who was arrested on July 10 in Ibiza, Spain, by order of the Trump Administration.
Anti-Imperialist Scholars Collective
AISC Red Paper #2: The Multiple Fronts of Iranian Anti-Imperialism
26 August 2026
The Anti-Imperialist Scholars Collective (AISC) offers an analysis of the Ramadan War and the multiple fronts of Iranian anti- imperi
Ramzy Baroud
Solidarity Is Not Enough
19 August 2026
Why the world must force accountability on Gaza now.
Hedelberto López Blanch
A Shady Figure Will Preside Over Colombia
19 August 2026
Colombia's new president has ties to paramilitaries and drug traffickers, but Trump's endorsement swept his crimes aside as he embraces Washing
Natalia Junquera , Elena Reina
Fergie Chambers, the Millionaire Activist Arrested in Ibiza: “I am a human rights advocate”
19 August 2026
The American's lawyers, led by Baltasar Garzón, denounce a "political persecution" by Trump for his support of Palestine.
x
Craig Mokhiber
No, Israel does not have ‘a right to exist.’ Quite the contrary, actually.
04 August 2026
"Unlike the Zionist claim that 'Israel has a right to exist,' my assertion is rooted in international law.
x
Gary Wilson
They came to Spain for work. Washington called it an invasion.
04 August 2026
"Israel and Washington use Ceuta and Melilla to attack Spain for naming the genocide in Gaza.
Nicaragua
Becca Renk Foster
Nicaragua to Raise Its Voice for Palestine in Another Landmark Case at the ICJ
04 August 2026
Against the backdrop of Israel’s renewed attacks on Palestine, the World Court is set to hold public hearings in Septembe
Ramzy Baroud
The Spark in Tell: How a Village Resistance Disrupted Israel’s West Bank Strategy
29 July 2026
Palestinians have the right to defend themselves under international law and they exercised it in the town of Tell on the West Bank. 

More Stories


  • BAR Book Forum: Interview with Adam Bledsoe
    Roberto Sirvent, BAR Book Forum Editor
    BAR Book Forum: Interview with Adam Bledsoe
    04 Jan 2023
    This week’s featured scholar is Adam Bledsoe. Bledsoe is Assistant Professor of Geography at the University of Minnesota. His article “Neither Ground on Which to Stand, nor Self to Defend: The…
  • Abolitionist Teaching: An Interview with Sarah Abdelaziz
    Roberto Sirvent, BAR Book Forum Editor , Sarah Abdelaziz
    Abolitionist Teaching: An Interview with Sarah Abdelaziz
    04 Jan 2023
    "Abolition" is the word of the moment. But what does it mean? How should it be taught? Robert Sirvent and Sarah Abdelaziz discuss.
  • The Hopeful Legacy of Roberto Clemente
    Gus Griffin
    The Hopeful Legacy of Roberto Clemente
    04 Jan 2023
    Roberto Clemente was one of the all-time great baseball players and one of the best in a long line of Afro-Latinos. He also acted in solidarity with people around the world, which ironically led to…
  • Israel Got the Middle Finger at the World Cup
    Nizar K. Visram
    Israel Got the Middle Finger at the World Cup
    04 Jan 2023
    The U.S. brokered Abraham Accords normalized relations between Israel and some Persian Gul Arab regimes. But Israel discovered at the recent World Cup that the Arab masses are still in solidarity…
  • We Condemn the Raid on the Headquarters of the Haitian-Dominican Women's Movement
    Socialist Movement of Workers of the Dominican Republic
    We Condemn the Raid on the Headquarters of the Haitian-Dominican Women's Movement
    04 Jan 2023
    The Dominican Republic continues to abuse its Haitian descended population. The Haitian-Dominican Women's Movement (MUDHA) was recently raided by government agents.
  • Load More
Subscribe
connect with us
about us
contact us