The confrontation surrounding the ICC now also plays a significant role within the United Nations. Despite pressure from Washington, many countries there have reaffirmed their support for the International Criminal Court. This positions the US administration in opposition to countries that believe the court must be able to continue its international operations.
ASML China
Jetten’s strong words about the ICC coincide with other tensions between The Hague and Washington. During his visit to the United Nations, the Dutch prime minister also criticized American restrictions concerning the Dutch chip machine manufacturer ASML. According to Washington, that company should not supply China. This dispute with the Trump administration has therefore taken on a broader Dutch-American dimension.
The administration of US President Donald Trump has been increasing pressure on the ICC. Washington believes the court is overstepping its authority and acting unlawfully against Americans and American allies.
Promotion
US measures have now had direct consequences for officials of the court. The US has already imposed sanctions on several ICC officials, such as blocking their bank accounts. These measures may also complicate the practical execution of the court’s work.
EU Action Requested
The Netherlands is therefore trying, together with other European countries, to find ways to protect the ICC from further American measures. The Hague has asked the European Union to prepare for additional sanctions from Washington and to take measures that will allow the court to continue operating.
One of the options being explored is the European so-called blocking statute. This could better protect European companies and organizations from the impact of US sanctions that Washington tries to enforce beyond the United States.
Host Country
This development has special implications for the Netherlands. As host country of the ICC, it must ensure that the institution in The Hague can continue its operations. Dutch officials are therefore investigating what practical provisions are necessary if American measures make parts of normal functioning impossible.
Protection
This includes looking at ways to ensure payments to staff can continue. The Netherlands is also examining how the protection and support of witnesses can be maintained if financial institutions or other service providers refuse to do business with the court due to US sanctions.
Against this background, Dutch officials are currently preparing for a new and possibly much harsher series of US sanctions against the court. With his pledge to defend the court "stone by stone," Jetten makes clear that the Netherlands is resisting American pressure not only politically. The Hague is also preparing practically and together with the European Union for measures to protect the existence and daily functioning of the court.