The key facts

  • 58 MEPs from the EPP, S&D, Renew Europe and Greens/EFA groups called on the Commission to activate the EU blocking statute to protect the ICC
  • US sanctions against the ICC were announced on Friday; after a six-month grace period, American banks and companies will be barred from doing business with it, with exceptions for some telecom, software and payment services
  • Kaja Kallas called the sanctions threat 'unacceptable', yet the EU has so far taken no concrete action

MEPs' letter to the European Commission

58 members of the European Parliament sent a letter on Tuesday to European Commission President Ursula von der Leyen calling for the protection of the International Criminal Court (ICC) from US sanctions which, in their view, threaten to paralyse the court's work. The text of the letter was obtained by Euronews. The MEPs characterised the sanctions as 'an attack by a foreign power on a structure located on EU territory' and warned of 'devastating' consequences, also stating that the sanctions undermine Europe's ability to protect its citizens and institutions. The letter was prepared by Dirk Gotink (EPP) and Aurélia Lalucq (S&D); it was signed by parliamentarians from the EPP, S&D, Renew Europe and Greens/EFA groups.

The essence of the American sanctions

The administration of US President Donald Trump announced sanctions against the ICC on Friday after repeated criticism of the court over the arrest warrant for Israeli Prime Minister Benjamin Netanyahu and the investigation into the actions of American service members in Afghanistan. After an initial six-month grace period, the sanctions could seriously hamper the court's work: American banks and companies will be prohibited from doing business with it, although exceptions are provided for a number of telecommunications, software and payment services. Given the dominance of American companies in the global financial and technological spheres, the ICC may face difficulties in paying bills and conducting financial transactions. European banks, insurance and other intermediary companies with interests in the US may also be at risk of secondary sanctions if they continue cooperating with the ICC.

Call to invoke the blocking statute

The MEPs called for the use of 'all the instruments at our disposal' and, in particular, proposed that the Commission activate the EU blocking statute — a mechanism protecting European companies and citizens from the extraterritorial effect of foreign sanctions. The statute makes it possible to block the enforcement in the EU of foreign court rulings based on the laws listed in it, and gives European companies the right to claim compensation for damages caused by its extraterritorial application. The European Commission may expand the list of covered foreign laws, subject to subsequent consideration by the European Parliament and the member states.

EU reaction and context

In a statement on Saturday, the EU's foreign policy chief Kaja Kallas called the threat of sanctions against the ICC 'unacceptable' and reaffirmed the union's commitment to international law, but the European Union has not yet taken concrete steps. The ICC has 125 member states; the US signed the Rome Statute, which established the court, but has not ratified it.