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The United States has imposed broad sanctions on the International Criminal Court (ICC) in The Hague, marking a significant escalation in its opposition to the tribunal. As the court is located in the Netherlands, the action has particular impact there. The Netherlands has condemned the sanctions and, together with European partners, is working to ensure the court remains operational.
What the US has done
In a statement on Friday, US Secretary of State Marco Rubio announced that Washington would sanction the ICC as an institution. “We will ban transactions with this rogue court, cutting off its resources and crippling its ability to operate,” he said. “Either the ICC will end its threats, or we will end the ICC.”
This is the first time the US has targeted the ICC as an institution. Previously, it sanctioned 13 current and former ICC staff, and in July, Rubio pledged to dismantle the court “brick by brick.” The new measures, enacted under an existing executive order, block the court from accessing US-based financial services, technology companies, and other providers, which could significantly disrupt its daily operations. Rubio also urged US allies, many of whom are ICC members, to “rein in the court.”
Why Washington objects
The US has never joined the ICC and does not recognise its jurisdiction over Americans. The dispute centres on the ICC’s 2024 arrest warrants for Israeli leaders regarding the war in Gaza, which Israel rejects, and an earlier inquiry into US forces in Afghanistan. To date, the court has not prosecuted any US citizen. This is a highly contested international issue with sharply differing views, and this article does not take a position.
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The court and the UN respond
The ICC described the sanctions as an unprecedented attack on an independent judicial institution. “History will judge this moment,” it stated, noting that its future now depends partly “in the hands of the States that created it.” UN Secretary-General António Guterres called the action a “serious blow,” and UN human rights chief Volker Türk labelled the sanctions “unacceptable.” Eight countries: Canada, Denmark, Germany, France, Italy, Japan, the Netherlands, and the United Kingdom, issued a joint statement expressing strong disagreement.
The Dutch position
For the Netherlands, this issue is especially significant, as it is both the court’s host and a proponent of international law. Prime Minister Rob Jetten stated that the Netherlands and Europe would defend the ICC “stone by stone,” describing the court as “crucial to the international legal order.” Foreign Minister Tom Berendsen called the sanctions “an undesirable new escalation” that he “deeply regretted.”
The Dutch have been preparing for this scenario for several weeks. The primary measure under consideration is the EU “blocking statute,” which would prohibit European companies from complying with US sanctions. Berendsen has called it the “nuclear option.” The Netherlands has asked the European Commission to be ready to activate it quickly if necessary. However, experts warn that the blocking statute may not fully protect the court’s operations and does not shield firms from potential loss of US business.
A pointed coincidence
The sanctions were announced just hours after the Nobel Peace Prize was awarded to Navi Pillay, a South African jurist who has served as a judge at both the ICC and the International Court of Justice in The Hague. The award was widely seen as support for the kind of international justice the US now opposes.