The United States imposed sanctions last week on four ICC judges involved in the investigation of possible war crimes in the Gaza Strip. The US accuses the court of political bias but, according to the ICC and EU, provides no concrete evidence for this.
The European Union responded with strong condemnation. EU foreign policy chief Josep Borrell and other senior officials emphasized that the EU fully supports the ICC. They stated that the US sanctions represent an attempt to undermine independent judicial processes. Borrell declared that the court’s work is “crucial for justice and accountability.”
Several EU officials have called for the activation of existing EU legislation designed to protect European institutions from extraterritorial sanctions imposed by third countries. This so-called 'blocking statute' could prevent EU citizens from having to comply with sanctions deemed illegal under EU law.
The International Criminal Court itself issued an official statement strongly condemning the US sanctions. The court described the measures as “unprecedented” and said they not only target individual judges but also undermine the broader mandate of the ICC.
The issue is also causing political tension within NATO. According to Arab News and Al Jazeera, diplomats fear that the conflict between the US and the ICC is putting pressure on cooperation within the alliance, particularly since several NATO countries, including the Netherlands, are involved with the ICC.
The Netherlands, as the host country of the ICC, has explicitly spoken out against the US sanctions. The Dutch Ministry of Foreign Affairs stressed that the court is independent and that its judges deserve protection against foreign pressure.
Despite US pressure, the EU remains steadfast in its support for the ICC and emphasizes that the court is a cornerstone of the international legal order. According to the EU, judicial institutions must not be subjected to political intimidation.
Although the EU takes a firm stance, it remains unclear whether the Union will actually take legal action against the US measures, or whether the 'blocking statute' will be activated. The discussion within the EU on this matter is ongoing.