No, but they missed an opportunity in the closing months of last year when the US, supported by others, raised this issue to the ICAO Council. The Council could have issued a binding recommendation to not comply with the EU ETS. That would have given a real field day to the legal-eagles because each of the EU countries that had enshrined the application of the ETS into their national statutes would have been obliged to incorporate the ICAO recommendation into their national law as well. Each nation would have had two laws - one obliging them to comply and one obliging them not to. There would have been a stalemate with no easily definable way out and the whole aviation part of the ETS would have stalled.
But ICAO didn't have the teeth (I'm trying to avoid saying that it didn't have the gonads) to stand up and do that. More's the pity.