Cabinet keeps blocking measure against US pressure in reserve
The Netherlands is working to protect the International Criminal Court, but is keeping a possible blocking measure for later.
The cabinet says it wants to protect the International Criminal Court from US sanctions and pressure. Minister Tom Berendsen confirmed in the Lower House (Tweede Kamer) that the Netherlands is keeping a European blocking instrument in reserve, but that timing and consequences are being carefully weighed.
The Netherlands is host country to the International Criminal Court in The Hague and therefore has a special responsibility for the institution’s functioning. The cabinet also says that the Court is important for the international rule of law and the prosecution of serious international crimes.
The United States has imposed sanctions on individuals and organisations involved in investigations by the Court. According to answers Minister Berendsen gave to the Lower House, such pressure could also have indirect consequences for companies and service providers working with the Court.
In an earlier parliamentary debate, Berendsen said that the Netherlands was maintaining contact with relevant parties, including the United States, to avert further sanctions. The cabinet also wants to prevent European and Dutch companies from going further than US rules strictly require as a precaution.
The instrument under discussion is the European Anti-Coercion Instrument, often referred to in the Netherlands as the blocking statute. Under certain conditions, it can protect European parties against certain consequences of foreign sanctions. Deploying it is not a straightforward national decision: European procedures and political considerations are required.
Berendsen said that the Netherlands was still keeping the instrument in reserve. His argument is that an instrument may be less effective if it is publicly deployed too early. The cabinet is therefore opting for a combination of diplomacy, European preparations and the possibility of a tougher legal counter-response.
Prime Minister Jetten previously said that the Netherlands and European allies wanted to protect the Court jointly. The discussion is therefore not only about relations with Washington, but also about how much economic and legal risk the Netherlands and the European Union are willing to take to keep an international institution standing.
One story, several perspectives
What is established
- The Netherlands is host country to the International Criminal Court.
- The cabinet maintains contact with the United States and European allies.
- A European anti-boycott regulation can be deployed as a protective instrument.
- The cabinet has not yet decided to use the instrument in practice.
Left
Arguments An independent international court must not be paralysed by economic pressure from a superpower. The Netherlands must actively protect the Court and give European companies clarity, even if Washington objects.
Values International rule of law, human rights, accountability and protecting institutions from abuse of power.
Consequences A tough European response could strain transatlantic relations, but would make sanctions pressure less effective and protect investigations into international crimes.
Centre
Arguments Diplomacy and European preparations must come first. A blocking arrangement may be necessary, but its introduction must be legally careful and coordinated so that companies do not become caught between two sanctions regimes.
Values Institutional reliability, European unity, proportionality and practicality.
Consequences The approach may take time, but reduces the risk of economic collateral damage and increases the chances of a coordinated response.
Right
Arguments The Netherlands should support the Court, but avoid needlessly taking a direct confrontational stance towards the United States. The Netherlands’ security and economic interests are also linked to the transatlantic relationship.
Values National interests, alliance stability and restraint in escalation.
Consequences Cautious diplomacy can protect practical cooperation, but supporters of the Court may see it as offering too little resistance to pressure.
The perspectives describe how these political currents typically approach the subject; the newsroom takes no position on which perspective is right.
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The political line and the instrument being held in reserve can be found directly in parliamentary documents and an official cabinet response. The text makes clear that deployment of the instrument has not yet been decided.
- confirmed The Netherlands says that, as host country, it wants to protect the International Criminal Court. — Prime Minister Jetten said this during the official press conference following the Council of Ministers. source
- confirmed Minister Berendsen said that a blocking statute was being kept in reserve. — This is stated in the Lower House’s plenary report. source
- confirmed The Netherlands is trying to prevent overcompliance by Dutch companies. — This is mentioned in the written answers concerning the US sanctions. source
- confirmed Deploying the European blocking instrument requires European decision-making. — The parliamentary document describes the roles of the European Commission, Council and European Parliament. source
Editor's note
The Dutch position, contacts with allies and the existence of the blocking statute as a possible instrument are certain. It is uncertain whether and when it will actually be deployed; no concrete decision on this has been made.Sources
- Plenaire verslagen Tweede Kamer — Tweede Kamer der Staten-Generaal
- Antwoord op het lid Teunissen over de uitbreiding van Amerikaanse sancties tegen het Internationaal Strafhof — Tweede Kamer der Staten-Generaal
- Letterlijke tekst persconferentie na ministerraad 11 september 2026 — Rijksoverheid
More on this in Dutch media
- de Volkskrant — „internationaal strafhof”
- RTL Nieuws — „internationaal strafhof”
- NOS — „internationaal strafhof”