US sanctions the International Criminal Court as European allies pledge support
The sanctions take effect in six months, leaving a window for dialogue, while the court's president says it cannot act alone. The move came hours after former ICC judge Navi Pillay was awarded the Nobel Peace Prize.
Sanctions land on the day of a Nobel Prize
The United States imposed sanctions on the International Criminal Court on Friday, hours after former ICC judge Navi Pillay was awarded the Nobel Peace Prize. The designation puts Washington on a diplomatic collision course with European allies. Italian MEP Cecilia Strada said it was difficult not to see the move as retaliation for the prize awarded to someone who denounced the genocide in Gaza. Strada said earlier US sanctions had targeted individual judges and prosecutors, but that this designation would, if not stopped, lead to the closure of the court. She urged the European Commission to activate its blocking regulation immediately, a call she said she and other MEPs had been making for almost two years.
European allies deplore the move
Dutch Prime Minister Rob Jetten said the Netherlands fully supports the court and called the sanctions profoundly deplorable. He added that the sanctions will not take effect immediately, which gives room for dialogue in the coming months. Foreign Minister Tom Berendsen, whose country hosts the court, took a similar line.
This is a deeply regrettable step. We will stand firm in defence of the Court.
Berendsen noted that service providers can continue to work for the ICC during the six-month period. A joint statement from the foreign ministers of Canada, Denmark, Germany, France, Italy, Japan, the Netherlands and Britain said they regret and strongly disagree with the announced sanctions, and that if implemented they would have a significant impact on the court's work, its dedicated staff and their families. Italian Foreign Ministry sources said Italy would be among Western countries issuing a declaration reaffirming confidence in the court and opposing the sanctions. EU foreign policy chief Kaja Kallas said the EU has tools to ensure the court can keep its work going and that protecting the ICC remains an EU priority. She said she had spoken with ICC President Tomoko Akane. European Council President Antonio Costa said the EU deplores the sanctions and urged the United States to use the six-month period to resolve the situation.
The court responds
ICC President Tomoko Akane said the court would continue to fulfil its mandate with independence and impartiality.
The Court will continue to fully discharge its mandate, with independence and impartiality, acting solely on the basis of law and evidence, in the interest of the countless victims of serious crimes.
In a statement issued from The Hague, the court said it cannot act alone and that its fate also rests with the states that created it. It invited states to take concrete action, including ensuring it has the means to continue its work. The statement framed the dispute as a defence of the international order based on the rule of law, not only of a single institution. US Democratic Senator Jeanne Shaheen, a top member of the Senate Foreign Relations Committee, called the move unfortunate and short-sighted, saying the administration is further isolating the US.
What happens next
The sanctions do not take effect for six months, a period European governments are describing as room for dialogue. The joint statement commits the signatories to constructive and inclusive dialogue with states that are not parties to the Rome Statute, including the United States. Italian MEPs Annalisa Corrado and Alessandro Zan, both from the Democratic Party, said Europe must move from words to deeds and defend the court concretely. The court has asked states to continue concrete action so that it can keep operating during that window.
