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ICC Judges Launch Legal Challenge Against US Sanctions

Above photo: The International Criminal Court.

Three judges involved in Palestinian war crimes investigations say sanctions are unlawful, threaten judicial independence.

Three judges of the International Criminal Court (ICC) have filed a lawsuit against the US government over sanctions in connection with judicial decisions on investigations involving Israel and the US, Dutch broadcaster NOS reported on Thursday.

The judges, who are from Canada, Uganda and Benin, submitted their case to a federal court in Manhattan, saying that the sanctions are unlawful and constitute an attack on judicial independence.

The sanctions, introduced by Washington last year, include financial restrictions and visa bans targeting the judges and other ICC personnel involved in investigations concerning war crimes in the occupied Palestinian territories.

Under the measures, the affected judges are barred from accessing assets held in the US and from engaging in transactions involving US companies or services.

Among the decisions cited by US authorities was the issuance of an arrest warrant for Israeli Prime Minister Benjamin Netanyahu over alleged war crimes committed in the Palestinian territories.

The US does not recognize the jurisdiction of the ICC over American citizens or citizens of allied countries that are not parties to the Rome Statute, the treaty establishing the court.

US Secretary of State Marco Rubio has argued that the court lacks authority to prosecute US nationals or nationals of its allies, describing the ICC’s actions as an infringement on the sovereignty and national security of the US and its partners, including Israel.

In their lawsuit, the judges argue that no legitimate national emergency exists to justify the sanctions and contend that the measures are “arbitrary and capricious,” a legal standard frequently invoked in challenges to US policies.

One of the judges described the sanctions as an attempt to pressure and punish members of the judiciary for carrying out their official duties.

“Attacking international judges for the exercise of their judicial duties is an unprecedented attack on the independence of the judiciary and the rule of law,” lawyers representing one of the judges said in a statement.

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