International Criminal Court (ICC) Judge Solomy Balungi Bossa has joined a landmark legal challenge against the administration of U.S. President Donald Trump, contesting sanctions imposed on her and other ICC judges for their involvement in investigations into alleged war crimes in Afghanistan and the Palestinian territories.Judge Bossa, together with Canadian jurist Kimberly Prost and Beninese judge Reine Alapini-Gansou, filed a lawsuit in a federal court in New York, arguing that the sanctions are unlawful and represent a serious threat to judicial independence.
The case directly challenges Executive Order 14203, which was issued in response to ICC investigations involving U.S. nationals and citizens of allied countries such as Israel.The judges maintain that they were targeted solely for carrying out their official judicial responsibilities. They argue that punishing judges for decisions made in the course of their duties sets a dangerous precedent that could undermine the integrity and independence of international justice systems.
According to court documents, the sanctions have had devastating effects on their personal and professional lives. The measures reportedly froze assets linked to the United States, restricted access to banking and financial services, blocked the use of credit cards, and limited participation in academic and professional engagements within the country.Supporting the legal action is the Open Society Justice Initiative, whose Executive Director, James Goldston, described the sanctions as an unprecedented assault on the rule of law. He argued that the penalties were designed to pressure judges and influence the outcome of independent judicial processes.
The lawsuit further contends that the executive order exceeds the powers granted to the U.S. president and conflicts with both international legal obligations and existing legislation passed by Congress. Judges Bossa and Prost additionally argue that the asset freezes violate constitutional protections guaranteed under the Fifth Amendment.
This legal challenge is significant because it marks the first time ICC judges themselves have personally gone to court to fight sanctions imposed by the United States. It is also one of several lawsuits filed against the executive order, with previous court proceedings already raising concerns about its constitutional validity.
Judge Bossa, who has served on the ICC bench since 2018, is widely recognized as one of Uganda’s most respected legal minds. As the dispute unfolds, it is expected to reignite debate over the long-standing tensions between Washington and the ICC, as well as broader questions about accountability, judicial independence, and the future of international justice
About the Author
