Case Title

Open Society Justice Initiative et al. v. Donald J. Trump et al. - United States District Court, Southern District of New York (Case 1:20-cv-08121)

Document Type

Briefs and Court Filings

Publication Date

10-1-2020

Keywords

International Criminal Court (ICC), International Emergency Economic Powers Act (IEEPA), United Nations Security Council, Department of State, Department of Treasury

Abstract

On June 11, 2020, President Donald J. Trump issued Executive Order 13,928, Blocking Property of Certain Persons Associated With the International Criminal Court, threatening severe sanctions, monetary penalties, and imprisonment on persons who assist the International Criminal Court (ICC). The Executive Order exceeds its legal authority, impermissibly prohibits speech, and fails to provide notice as to who it covers and what for what activities.

Those impacted by the Executive Order include U.S. persons, including U.S. entities, as well as foreign persons and foreign entities. The Open Society Justice Initiative and four law professors, all of whom have engaged extensively with the ICC, brought this case seeking a declaration from the U.S. federal court that the Executive Order and its implementing Regulations violate the U.S. Constitution and statutory law. The lawsuit also seeks an order enjoining the Trump Administration from enforcing the Order.

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