Trump order on International Criminal Court likely violates First Amendment, judge rules
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The United States is not part of the treaty that founded the court, which is based at The Hague, Netherlands. It prosecutes individuals for war crimes and atrocities. An older court at The Hague, the International Court of Justice, issues opinions on broader issues between nations, such as climate change.
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Torresen, who was appointed by President Barack Obama, paused the enforcement of the order while she considers the case, but only for the two plaintiffs. When Smith and Radhakrishnan filed their lawsuit in April, they sought the sweeping relief known as a nationwide injunction that would have blocked the president's order across the country. Torresen's decision appeared to reflect a June ruling by the Supreme Court that curtailed such injunctions.
The Trump administration has used the executive order to impose sanctions on four ICC judges; the court's embattled prosecutor, Karim Khan; and Francesca Albanese, a special rapporteur for the United Nations who has worked with the court in its investigation of Israel's war against Hamas in the Gaza Strip. Last year, the court issued arrest warrants for Benjamin Netanyahu, the Israeli prime minister, as well as the country's former defense minister and three Hamas officials.
Secretary of State Marco Rubio said Albanese was assisting the ICC with 'campaigns of political and economic warfare, which threaten our national interests and sovereignty.' Albanese called the sanctions against her 'mafia techniques of intimidation' in a recent phone interview with The New York Times.
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