When the EU’s 27 foreign ministers meet on June 23, they should make defending the International Criminal Court (ICC) from escalating attacks by the Trump administration a top priority.
On June 6, the US administration sanctioned four ICC judges. The new designations follow sanctions imposed by the US in February against the court’s prosecutor, and strike at the core principle of independent, impartial justice. In imposing the latest sanctions, the US Secretary of State Marco Rubio stated that the judges, who include an EU national from Slovenia, were targeted because of their roles in the ICC’s Palestine and Afghanistan investigations.
The impact of these sanctions goes far beyond the targeted people and investigations. They could create a chilling effect on companies and organizations that provide services and support to, or that cooperate with, the ICC, raising fears of legal and financial repercussions from the US government. If these companies and organizations are forced to back away from the court, this will have serious consequences for the court’s ability to execute its global mandate.
Following the announcement of the latest US sanctions, several EU governments and EU leaders – along with other member countries of the court – rightly expressed regret and reaffirmed support for the ICC.
More is needed now to ensure the court can continue its vital work.
The court’s member states are its frontline defense against this attack. The Netherlands, where the court is located, has of course a critical role to play, but it cannot do it alone.
The EU has a unique tool it can use to defend justice: the blocking statute. It prohibits EU entities from complying with sanctions programs listed in its annex. The European Commission can add the US sanctions on the ICC to its annex.
The Commission recently said that it is “monitoring implications” and “examining all possible measures” before responding. Slovenia and Belgium, alongside the European Parliament, urged the Commission to act after the US announced this new round of sanctions. Sweden, too, publicly signaled its openness to explore the statute’s activation.
The EU should follow through on its stated commitments and ensure its responses include both strong words and strong action on its support for the ICC. On Monday, EU foreign ministers should clearly signal their support for the court and request that the Commission employ all measures – including the blocking statute – to preserve victims’ access to justice.
