A federal judge on Friday blocked the enforcement of former US President Donald Trump’s executive order authorising sanctions against individuals working with the International Criminal Court (ICC), calling it an unconstitutional infringement on free speech.
The decision stems from an April lawsuit filed by two human rights advocates challenging the February 6 executive order, which had authorised wide-ranging economic and travel sanctions on anyone involved in ICC investigations targeting US citizens or allies such as Israel.
In her ruling, US District Judge Nancy Torresen said the order “appears to restrict substantially more speech than necessary to further that end,” asserting that it violated Americans’ First Amendment rights.
“The executive order broadly prohibits any speech-based services that benefit the prosecutor, regardless of whether those beneficial services relate to an ICC investigation of the United States, Israel, or another US ally,” she wrote.
Neither the White House nor the ICC immediately responded to requests for comment on the ruling.
Under Trump’s directive, sanctions were imposed on ICC Prosecutor Karim Khan, a British national, who was placed on the US Treasury Department’s list of sanctioned individuals and entities. The order had also warned that US citizens providing services benefitting Khan or other listed figures could face both civil and criminal penalties.
The sanctions order drew strong condemnation from the ICC and dozens of countries, who viewed it as an attempt to undermine the court’s independence and intimidate those cooperating with its investigations.
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