EU keeps legal shield against sanctions at arm’s length
Brussels backs the International Criminal Court, but for now chooses diplomacy over activating the blocking statute.
The European Commission says it will continue to support the International Criminal Court in practical terms, but has not yet activated the European blocking statute against possible US sanctions. According to Brussels, diplomatic talks remain the preferred route for now.
The debate concerns the so-called blocking statute of the European Union. That instrument can prohibit European companies and institutions from cooperating with certain extraterritorial sanctions imposed by third countries. It can also offer possibilities for recovering within the European Union any damage caused by such measures.
The Commission confirmed at the end of September that it was in continuous consultation with the member states about the instrument. A spokesperson said during a press briefing that the EU would continue to support the Court and provide practical assistance. The Commission announced no decision on formal activation.
This leaves a distinction between political support and legal protection. The European Commission has previously said it is examining whether the scope of the blocking statute can be adjusted. The European Parliament, by contrast, has repeatedly called for swift activation to better protect European staff, banks and service providers.
The caution has a practical reason. A European ban on complying with US sanctions protects European parties within the EU, but does not automatically remove all risks for organisations dependent on the US financial infrastructure. Nor is it entirely clear how effectively the instrument could protect the Court itself, because the Court is an international organisation rather than an EU institution.
The pressure on the Court is coming from Washington. The Trump administration has already sanctioned individual judges and staff members and, according to AP, is threatening further measures against the institution. US authorities accuse the Court of exceeding its powers; European governments and the Court itself see the threat of sanctions as a risk to the international prosecution of war crimes.
The issue is particularly sensitive for the Netherlands because the Court is based in The Hague. The forthcoming decision therefore concerns the balance between European economic resilience, cooperation with the United States and the protection of international justice. As long as Brussels does not activate the blocking statute, practical protection remains dependent on diplomatic agreements and voluntary measures.
One story, several perspectives
What is established
- The EU says it will continue to support the International Criminal Court.
- The Commission is consulting member states about the blocking statute.
- The European Parliament has called for activation.
- The United States has already sanctioned individual staff members of the Court.
- The Court is based in The Hague.
Left
Arguments The EU should activate the blocking statute swiftly to protect international justice. Under this approach, European institutions should not allow the threat of US sanctions to weaken the prosecution of war crimes.
Values International law, human rights, independent justice and multilateral cooperation.
Consequences Delay could make the Court more financially and operationally vulnerable; activation could protect European institutions but increase transatlantic tensions.
Centre
Arguments The institutional approach seeks a combination of diplomacy, practical support and legal preparation. The EU should first establish how far the instrument reaches and what protection it genuinely offers before taking an escalatory step.
Values Effectiveness, proportionality, legal certainty and cooperation between allies.
Consequences This approach limits immediate escalation, but leaves uncertainty as long as US measures remain possible.
Right
Arguments This approach could argue that European countries should support international prosecutions, while also taking national security and relations with the United States into account. A legal shield should not expose European companies to unmanageable countermeasures.
Values National interests, economic stability, cooperation between allies and restraint.
Consequences Greater caution could limit economic damage, but may create the impression that international legal norms are yielding to geopolitical 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 legal status of the blocking statute and the Commission’s cautious approach have been confirmed by European sources. The possible consequences of sanctions have been framed as risks and uncertainties, not as established outcomes.
- confirmed The European Commission has not yet activated the blocking statute. — The Commission says diplomatic talks remain the preferred option and does not mention activation. source
- confirmed The European Parliament has called for activation. — Parliamentary documents call on the Commission to do so. source
- confirmed The blocking statute does not automatically protect European parties against US measures outside the EU. — European parliamentary explanations describe the territorial limitation. source
- confirmed The United States has already sanctioned individual staff members of the Court. — AP describes earlier sanctions against staff members and judges. source
Editor's note
It has been confirmed that the EU is maintaining its support and practical assistance to the Court and has not yet activated the blocking statute. The exact scope and legal consequences of any activation remain uncertain.Sources
- EC Midday press briefing of 29 September 2026: ICC / United States — Europese Commissie
- Parliamentary question E-005056/2025: answer by the European Commission — Europees Parlement
- The Netherlands is bracing for potentially devastating US sanctions against the ICC — Associated Press
- Explainer: How US sanctions would undermine global war crimes court — Reuters
More on this in Dutch media
- De Telegraaf — „internationaal strafhof”
- AD — „internationaal strafhof”
- de Volkskrant — „internationaal strafhof”