It was a consequential case of deja-vu in The Hague on Thursday, as the US issued fresh sanctions against judges at the International Criminal Court (ICC) over what it calls “illegitimate actions targeting the United States and Israel.”
The move is the latest in a series of diplomatic assaults on the ICC ostensibly aimed at curtailing the court’s credibility and ability to function. The ICC has criticized the measure as “a clear attempt to undermine the indepedence of an international judicial institution.”
While the European Union (EU) has long defended the court as the “cornerstone of international justice,” its member states’ mixed response to ICC rulings in recent months has exposed cracks in the world’s main mechanism for international criminal justice, and its capacity to act.
Now calls for the bloc to use legal powers to counter US sanctions are mounting.
Why is the US targeting the ICC?
The new measures target four ICC judges. Two were involved in proceeding that led to an ICC arrest warrant against Israeli Prime Minister Benjamin Netanyahu, among others, over alleged crimes and crimes against humanity in Gaza. Israel denies the allegations. The other two blacklisted judges were part of proceedings that authorized probes into alleged war crimes committed by US armed forces in Afghanistan.
During Republican President Donald Trump’s first term, the US had already targeted Khan’s predecessor over an ICC probe into suspected war crimes in Afghanistan. The subsequent administration under President Joe Biden lifted the sanctions, and the ICC then “deprioritized” alleged US violations in its Afghanistan investigation in 2021.
Thursday’s new sanctions come on top of measures announced against the court’s top prosecutor, Karim Khan, in February. They also come amid turbulent times for the court, with Khan having stepped back last month until a probe into sexual misconduct claims is complete.
The ICC was set up in 2002 as a court of last resort to prosecute leaders and other key figures for atrocities when justice cannot, or will not, be served in their own countries. More than 120 nations, including all EU member states, voluntarily signed up to the international treaty which established the court.
But China, Russia, the US and Israel are notable non-members — and Washington claims this as the basis for its sanctions.
“The ICC is politicized and falsely claims unfettered discretion to investigate, charge, and prosecute nationals of the United States and our allies. This dangerous assertion and abuse of power infringes upon the sovereignty and national security of the United States and our allies,” US Secretary of State Marco Rubio said in a statement on Thursday.
How will sanctions impact the court?
In response, the ICC said that its work “provides justice and hope to millions of victims of unimaginable atrocities.”
“Targeting those working for accountability does nothing to help civilians trapped in conflict. It only emboldens those who believe they can act with impunity,” the court added.
Under the sanctions, US businesses and citizens are banned from providing funds, goods or services to the blacklisted judges. Any assets they hold in the US are also frozen.
But the implications don’t stop there. The Associated Press wrote last month that the ICC’s chief prosecutor had lost access to his emails and seen his bank accounts frozen. According to the report, these businesses had discontinued their services out of fear of being targeted by US authorities for supporting blacklisted indivduals.
Some non-governmental organizations also reportedly stopped working with the court.
EU urged to activate laws to block sanctions
The European Union said on Friday that it “deeply regrets” the US move and vowed to continue backing the ICC. But some hope the EU will take tougher action.
Back in the 1990s, the EU laid out laws known as its “blocking statute” aimed at cushioning the extraterritorial blow of US measures.
The legislation bans EU firms from complying with US sanctions the bloc deems illegal, and was designed to prevent US restrictions on Cuba from wiping out European trade with the country. The laws were later updated to include US sanctions on Iran.
Now, Slovenia and Belgium are leading a call for the bloc’s executive to activate the same laws against the newest US sanctions against the ICC. Slovenian judge Beti Hohler is among those on Washington’s blacklist.
Asked on Friday whether the European Commission would grant Slovenia’s ask, spokesperson Olof Gill told reporters: “All we can do right now is closely monitor the implications before we decide any next steps.”
While it’s up to the European Commission to determine if, how, and when it extends the blocking statute, Brussels will likely be weighing the potential political ramifications — and whether there is enough unity among EU capitals to back the move.
An existential crisis at the ICC?
It’s a recurring theme, as EU member states are not on the same page about the ICC.
While the central executive in Brussels regularly styles the bloc as the court’s biggest backer, EU countries’ actions tell a more complex story — one that adds to a growing sense that the court’s future is full of uncertainty.
Unlike national judiciaries, the ICC has no police service. Instead, it relies on members to hand over suspects who arrive on their territory.
“The ICC is famously described as a giant without arms and legs — it cannot really enforce those arrest warrants. It’s up to the political will of states,” international criminal law lecturer Mathjiy Holvoet told DW earlier this year.
In early 2025, Italy failed to arrest a Libyan police chief wanted by the ICC for alleged war crimes. Libya is seen as a crucial partner in Italy’s bid to cut down irregular migration. Earlier this month, Hungary withdrew from the court after rolling out the red carpet for Netanyahu in apparent defiance of the ICC’s arrest warrant.
Though other EU governments have issued statements of support for the ICC, several among them have also indicated Netanyahu would not be arrested should he visit their country. France has suggested the Israeli prime minister has immunity because Israel is not an ICC member, and Germany’s chancellor said in February he would “find ways” to allow Netanyahu travel to Berlin.
Edited by: Maren Sass
