The plaintiffs—Kimberly Prost of Canada, Solomy Balungi Bossa of Uganda, and Reine Adelaide Sophie Alapini-Gansou of Benin—contend that the sanctions exceed the scope of the International Emergency Economic Powers Act. They describe the restrictions as a financial death penalty, noting that the inability to use credit cards, access banking, or even secure health insurance has crippled their ability to function. The lawsuit asserts that these measures were specifically designed to punish the bench for judicial decisions, including the issuance of an arrest warrant for Israeli Prime Minister Benjamin Netanyahu and investigations into alleged war crimes in Afghanistan.

This confrontation marks an escalation in the long-standing friction between Washington and the Hague-based tribunal. While the ICC maintains jurisdiction over genocide and war crimes in its 125 member nations, the United States remains among the countries that do not recognize its authority. The court’s history with the current U.S. administration traces back to 2020, when Washington first targeted former prosecutor Fatou Bensouda. The current judges argue that beyond the personal hardship, the sanctions create a systemic obstruction, effectively barring the submission of evidence and arguments in pending proceedings.