ESCR-Net has joined 37 other civil society organizations in filing an amicus curiae (“friend of the court”) brief in a lawsuit challenging US sanctions imposed under Executive Order 14203 against the International Criminal Court (ICC), the UN Special Rapporteur on the Occupied Palestinian Territories, and three Palestinian human rights organizations.
The lawsuit was filed before the US District Court for the Southern District of New York by the American Friends Service Committee, the Center for Constitutional Rights, Human Rights Watch, and the Open Society Institute.
The brief addresses the effects of the sanctions imposed by the US Administration on civil society, victims and survivors, and the international justice system.
What does the amicus brief argue?
These consequences are, at their core, consequences for civil society’s capacity to connect victims to justice.”–Excerpt from the amicus curiae brief
The brief provides the Court with evidence of how the sanctions affect civil society organizations involved in international justice, including Palestinian human rights organizations documenting alleged international crimes and connecting victims/survivors, witnesses, and affected communities with accountability mechanisms.
It documents consequences that extend well beyond those formally sanctioned entities and individuals. Legal uncertainty and the risk of penalties have led organizations to seek legal advice, change internal policies and, in some cases, withdraw from activities or partnerships. According to the brief, the sanctions are fragmenting transnational civil society networks and creating a chilling effect on human rights organizations and defenders engaged in international justice work.
The brief places particular emphasis on what this means for access to justice. Civil society organizations have taken on a key role in connecting victims and international accountability mechanisms in the Occupied Palestinian Territory by documenting and preserving evidence, providing legal and contextual expertise, and supporting the participation of victims and survivors in the pursuit of justice and reparations. In places where the ICC has limited access, including the Occupied Palestinian Territory, these organizations can provide a critical connection to victims/survivors and witnesses.
As the brief explains, when sanctions sever these channels, “victims and survivors lose access to the people and organizations they have come to trust”, as well as information about proceedings, assistance in asserting their fundamental human rights, and reliable routes to the ICC.
