EU urged to activate laws to block US sanctions against ICC judges

Belgium and Slovenia are calling for the European Union’s blocking statute to be invoked as a response to the recent US sanctions targeting the International Criminal Court (ICC).

The European Commission is currently not complying with this request, but will monitor the implications of the sanctions and then consider any possible further steps.

On Thursday, the Trump administration imposed sanctions on four judges of the International Criminal Court (ICC). Two of the judges had issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu. The other two were investigating possible war crimes committed by American troops in Afghanistan. The sanctions freeze the assets of the targeted judges in the United States.

Both Belgium and Slovenia — one of the judges has Slovenian nationality — are urging the EU to invoke the so-called blocking statute. With this measure, the EU normally tries to protect European companies from the consequences of sanctions imposed by third countries that the Union considers illegal.

"While this would be the first time the blocking statute is applied in defence of the ICC, Belgium believes it is essential to protect the Court's independence and its crucial role in delivering justice for the gravest crimes,” said Belgium's foreign minister Maxime Prévot on X. "Standing with the ICC means standing with the rule of law. Belgium will remain a steadfast supporter of the Court and its mission.

The European Commission is currently not complying with the request from Belgium and Slovenia. "We will monitor the implications of the sanctions,” Commission spokeswoman Anitta Hipper said on Friday. "Then we will consider any possible further steps.”

European Commission President Ursula Von der Leyen stated on X that "It (the ICC, ed.) must be free to act without pressure”. "The EU strongly supports the International Criminal Court, a cornerstone of international justice,” European Council president António Costa also stated on X. "We must protect its independence and integrity. The rule of law must prevail over the rule of power.”

The ICC has existed since 2002 and prosecutes amongst others suspects of genocide and crimes against humanity. The United States and Israel are not members of the court.

In response, the ICC said that its work "provides justice and hope to millions of victims of unimaginable atrocities.”

"Targeting those working for accountability does nothing to help civilians trapped in conflict. It only emboldens those who believe they can act with impunity," the court added.
Associated PRess