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Dear Foreign Ministers of EU member states,

We write to you regarding the imminent threat of sanctions from the United States targeting the International Criminal Court (ICC) and to call for urgent action from the European Union (EU) and its member states to defend the court through the activation of the EU’s Blocking Statute.

On January 9, the US House of Representatives passed a bill aimed at imposing sanctions against the ICC, its officials, and those supporting investigations at the court involving US citizens or allies. The US Senate is likely to consider this legislation as soon as the week of January 13 and the incoming US President may also take executive action to create a sanctions regime targeting the ICC. Such coercive measures would severely undermine the work of the ICC as a crucial court of last resort tasked with investigating and prosecuting the most serious crimes. The European Union (EU) and its member countries have an important role to play in protecting victims’ access to justice.

This should include continuing to publicly express your government’s steadfast support for the court and opposition to sanctions, and ensuring that this message is clearly heard in Washington.

It should also include, as an equally pressing matter, taking steps to ensure the ICC can continue to operate.

In this regard, the EU’s Blocking Statute is a critical tool aimed at shielding European operators from the effects of extraterritorial sanctions. It can provide essential protection to the ICC by contributing to mitigate the impact of sanctions from the United States while sending a strong message that the EU and its members will not tolerate efforts to undermine the court.

Urgent action is needed, given developments in the US. While the Blocking Statute is a delegated act to be activated by the European Commission independently, adequate political backing from member states is crucial.

To this end, we urge you to reach out to the Commission at the highest possible level to underscore how important it is for the Commission to be prepared to activate the Blocking Statute swiftly, as soon as possible should a US sanctions program be put in place either through legislation or an executive order.

The ICC is facing an existential threat and needs the EU and its members’ continued leadership in upholding international justice more than ever. Any delay in the use of the blocking statute by the European Union would only further undermine the Court and affect its capacity to work on all situations for which it has been seized.

Thank you for your attention to this urgent matter. We remain available to discuss this matter further.

Sincerely,

Elizabeth Evenson
International Justice Director
Human Rights Watch

Bruno Stagno Ugarte
Chief Advocacy Officer
Human Rights Watch

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