Justice Initiative Settles ICC Executive Order Lawsuit with the Biden Administration

The Open Society Justice Initiative and four law professors, Diane Marie Amann, Margaret deGuzman, Gabor Rona, and Milena Sterio, settled their lawsuit against the U.S. government over Executive Order 13928, a Trump-era order that authorized economic sanctions and severe civil and criminal penalties against those who support the International Criminal Court (ICC).

The suit alleged that the order violated plaintiffs’ constitutional rights, including freedom of speech, and prevented them from carrying out their work in support of international justice.

In January 2021, the court granted plaintiffs’ request for an injunction preventing the government from enforcing the order on the grounds that it was likely unconstitutional. The Biden administration did not appeal this decision.

On April 1, 2021, President Biden issued Executive Order 14022, which revoked Executive Order 13928, yet retained authority to commence action for any act committed prior to the date of the order’s revocation. In the settlement, the U.S. government agreed that it will not enforce penalties retained under that authority against plaintiffs for any activities described in the lawsuit. The settlement also provides that plaintiffs are not prevented from filing another suit on the same grounds if the government breaks the terms of the agreement. The court accepted this settlement and closed the case.