Categories Courts World

US Court Approves Stay Applications of ICC-Affiliated Law Professors who Challenge Trump Order

Granting stay order in response to plea of two law professors, Federal District Court for the Southern District of New York issued directives to Trump administration from pursing penalties against international law experts Mr. Rona and Ms. Davis.

The New York Times reported  a federal judge on Wednesday permanently barred the Trump administration from imposing penalties on two law professors over their involvement with the International Criminal Court, finding that the threat violated their First Amendment rights.

In a 22-page opinion, Judge Jesse M. Furman of the Federal District Court for the Southern District of New York concluded that the president had used the threat of legal penalties to force Gabor Rona and Lisa Davis, both law professors in New York, to abandon their association with the International Court in The Hague, which prosecutes cases of genocide, war crimes and crimes against humanity. The judge definitively barred the government from taking any action to follow through on the threat.

Mr. Rona and Ms. Davis had each advised the I.C.C.’s chief prosecutor, Karim Khan, or supported his office’s work through its investigations and prosecutions, and have written and spoken extensively about international law.

The United States is not among the 125 countries that are party to the Rome Statute, which created the International Criminal Court, but has supported a number of its investigations, including in cases involving Ukraine, Sudan and Myanmar.

Under an executive order President Trump signed in February, the professors faced the possibility of criminal and civil penalties because of their association with the court. The I.C.C. has investigated the United States and Israel, and last year issued arrest warrants for Prime Minister Benjamin Netanyahu of Israel and his former defense minister related to their handling of the war in Gaza.

Mr. Trump’s order carried the possibility of jail terms of up to 20 years for anyone supporting the International Criminal Court in its work.

Judge Furman’s ruling mirrored the conclusions of another judge during President Trump’s first term, who found in January 2021 that a similar executive order Mr. Trump had signed likely forced Mr. Rona and three other professors to abandon or reconsider speech and legal advocacy out of fear that the order could be enforced against them.

At the time, Judge Katherine Polk Failla of the Federal District Court for the for the Southern District of New York found that the group, who had mounted a legal challenge, were likely to succeed.

Upon taking office, former President Joseph R. Biden Jr. rescinded Mr. Trump’s original order, but when Mr. Trump returned to office this year, he revived much of its substance — and some identical language — in the order he signed in February. The order cited presidential powers under the International Economic Emergency Powers Act — the same act he has used to justify many tariffs — and accused the I.C.C. of abusing its power.

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner – Mohla & Mohla – Advocates and Legal Consultants, Islamabad, Pakistan. A Satirist and Founder of The Law Today Pakistan (TLTP) Newswire Service. Teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at mohla@lawtoday.com.pk.

More From Author

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

UN Women Pakistan, Pakistan Civil Aviation Authority (PCAA), Youth Climate Action Initiative, youth engagement, climate action, climate vulnerability, climate resilience, gender-responsive solutions, community-led projects, Paris Agreement.

UN Women, PCAA Partner to Empower Youth in Climate Action

KARACHI – UN Women Pakistan, in collaboration with the Pakistan Civil Aviation Authority (PCAA), has…

Cybercrime awareness, Youth online safety, Cyberbullying prevention, Online scams, Deepfake threats, Generative AI risks, Digital identity protection, Social media responsibility, Online reputation management, Strong passwords, Two-factor authentication, Cyber safety education, Safe internet practices, Phishing scams, Cybercrime prevention

INTERPOL Webinar Equips Youth with Tools to Navigate Digital Dangers

ISLAMABAD – In an effort to equip the next generation with the skills to stay…

Supreme Court upholds women’s inheritance rights in Pakistan, dismissing brother’s plea and reaffirming Qur’anic and legal justice.

SC Bins Brother Plea, Upholds Sister’ Inheritance Right

ISLAMABAD – A woman, whether as a sister, daughter, mother or wife, is entitled to…