Fifty-eight MEPs have written to European Commission President Ursula von der Leyen urging her to protect the International Criminal Court from US sanctions.
The lawmakers are calling for all available tools to be deployed immediately to shield the court from the impact of the restrictions, and are demanding that EU leaders draw a clear line in relations with the US administration, Politico reports.
The concern was prompted by Washington’s new sanctions against a number of ICC judges, including citizens of France, Italy and Slovenia. The court drew the attention of the US authorities after issuing an arrest warrant for Israeli Prime Minister Benjamin Netanyahu. The latest restrictions risk cutting the ICC off entirely from the dollar-based financial system and most global technology services.
In their letter, the MEPs described the US actions as an attack by a foreign state on an institution located on EU territory, using Europe’s own financial system. They insist on the use of a special protective mechanism (the Blocking Statute), which would prohibit European companies from complying with US sanctions after the 180-day transition period ends.
While EU foreign ministers are looking for a solution to continue co-operation with the ICC, MEPs are demanding a far tougher response.
- This month it emerged that the administration of US President Donald Trump is imposing sanctions on representatives of the International Criminal Court amid investigations into Israel’s actions in the Gaza Strip and the arrest warrant for Israeli Prime Minister Benjamin Netanyahu.
- Those sanctioned include the UN Special Rapporteur on Palestine Francesca Albanese, eight ICC judges and three prosecutors. The restrictions against Albanese were introduced after her report on the activities of major companies which, in her assessment, contribute to violations of Palestinians’ rights.
- The White House is also demanding that the ICC amend its founding statute to prevent investigations directed against Trump and his closest aides. The US State Department continues to work on new sanctions, including against lower-level court staff, to secure an end to the Gaza investigations.
- US State Department spokesperson Tommy Pigott said Washington would not allow the ICC to violate the country’s sovereignty or, as the US sees it, unlawfully apply its jurisdiction to US and Israeli citizens.
- It was previously reported that the International Criminal Court had taken steps to protect itself against potential US sanctions.
- In particular, the court carried out substantial work to preserve its autonomy and minimise the impact of possible restrictions in the future.
- Any sanctions imposed by the US Treasury Department on the entire organisation would prohibit US citizens and companies from providing the court with funds, goods or services without a licence from the Treasury Department’s Office of Foreign Assets Control. Banks often over-comply with such US sanctions because they depend on access to the US financial system. Court operations that could be affected by sanctions against the entire organisation include the procurement of IT services and insurance, hiring investigators, and conducting day-to-day financial transactions.