The lawsuit, brought by the ACLU on behalf of Fortify Rights co-founder Matthew Smith and international lawyer Akila Radhakrishnan, targets an executive order prohibiting U.S. citizens from providing material support to Khan. The administration issued these sanctions after the prosecutor sought arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant over alleged war crimes in Gaza.
Plaintiffs contend that the sanctions create a chilling effect that extends far beyond the Middle East. Smith, who has previously supplied the ICC with evidence regarding the genocide of the Rohingya in Myanmar, stated he is now forced to halt his cooperation to avoid legal repercussions. Radhakrishnan noted that the policy hinders her ability to hold the Taliban accountable for systematic violence against women and girls in Afghanistan. ACLU attorney Charlie Hogle characterized the restriction as an unconstitutional blockade on essential humanitarian work, warning that the policy undermines international justice efforts in regions ranging from Ukraine to Darfur.
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