A federal judge in New York has issued a preliminary injunction preventing the Trump administration from sanctioning two US-based human rights organizations, Democracy for the Arab World Now and Taxpayer Alliance Against Genocide, for their work supporting International Criminal Court investigations into Gaza-related allegations.
Judge Jesse M Furman granted the injunction after the groups challenged an executive order issued in February 2025 that authorized sanctions against individuals or entities deemed to threaten US national security through involvement in ICC investigations. The administration issued the order after the ICC released arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant on accusations of war crimes and crimes against humanity in Gaza. The Israeli officials have rejected the allegations, and the US government opposed the ICC’s warrant decisions.
In his 30-page ruling, Furman noted that a prior court had already found a similar challenge to the 2025 executive order succeeded on First Amendment grounds, determining the order constituted content-based speech regulation that failed strict scrutiny review. The judge concluded the groups’ lawsuit raised substantially similar constitutional and statutory challenges.
Furman stated the 2025 order likely violated the organizations’ First Amendment rights through content-based regulation of their speech activities that cannot survive strict scrutiny. However, he declined to declare the executive order facially unconstitutional and rejected the groups’ request for a broader universal injunction preventing enforcement against all parties.
A State Department spokesperson stated the administration maintains that the ICC “poses an intolerable threat to US sovereignty” while declining further comment on pending litigation. The groups’ legal representative characterized the decision as advancing First Amendment protections, while an organizational leader stated the ruling would allow resumption of ICC advocacy efforts. The ruling emerged days after the US imposed separate financial sanctions on the ICC itself.
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