EU leaders have thrown their support behind the International Criminal Court after US Secretary of State Marco Rubio announced new sanctions on senior figures investigating alleged Israeli war crimes in Gaza.
The presidents of the European Commission and Council, Ursula von der Leyen and António Costa, issued a joint statement backing the Hague-based court. “The ICC helps deliver justice to the victims of some of the world’s most horrific crimes,” they said. “To carry out this essential work, its judges and officials must be able to act independently and without external pressure.”
On Tuesday, Rubio announced the US would sanction ICC President Tomoko Akane of Japan and senior lawyer Abdoulaye Seye of Senegal, who was tasked with probing alleged war crimes committed by Israel in Gaza.
The US Position
Rubio described the court as a “corrupt and fatally politicised supranational court that has maliciously abused its authority and exceeded its mandate,” adding that the US would “not tolerate its assault on state sovereignty.”
He alleged that both officials had engaged in efforts to “prosecute officials whose government has not consented to ICC jurisdiction.” Neither Israel nor the US are member states of the ICC. Palestine has been a member since 2015, allowing the court to examine crimes allegedly committed on its territory.
European Backlash
The Netherlands scathingly criticised the US move, with Foreign Minister Tom Berendsen saying his government “disapproves” of the sanctions. A German government spokesperson said Berlin stands by the ICC, adding that the court “has held accountable those guilty of the gravest crimes” and is “fulfilling its mandate exactly as intended.”
The ICC has described the sanctions as a “flagrant attack” on the court’s independence.
The Broader Context
The Tuesday sanctions are the latest in a series of attempts by the Trump administration to discredit the Hague-based institution. The US has already sanctioned as many as 11 top court officials, including its former chief prosecutor Karim Khan. Rubio has previously spoken of the US’s wish to “dismantle” the court “brick by brick” and has urged member states to withdraw from the court’s Rome Statute.
Venezuela and Chad recently announced they would pull out. The previous Hungarian government also announced its intention to leave before the decision was revoked following a new prime minister’s election.
All 27 EU member states are ICC member states. Yet, the court’s arrest warrant for Israeli Prime Minister Benjamin Netanyahu continues to draw mixed reactions from European officials, with countries including France, Germany, and Italy refusing to commit publicly to enforcing the warrant.
Call for Stronger Action
Some senior MEPs called on the EU to go further in its condemnation. The president of the Socialists and Democrats group, Iratze García, urged the bloc to activate the Blocking Statute, a legal shield that would make it illegal for EU-based companies and banks to comply with US sanctions.
US sanctions have had a profound impact on the daily lives of ICC judges. French judge Nicolas Guillou told Euronews earlier this year that the lack of European alternatives for crucial services meant the restrictions he faced would be similar to “true civil death” for a younger European.
The Bottom Line
EU leaders have rallied behind the ICC after the US sanctioned two top officials investigating alleged Israeli war crimes in Gaza. The EU’s top executives said judges must be able to act independently. The US described the court as “corrupt and politicised.” The Netherlands and Germany criticized the move. Some MEPs are urging the EU to activate a legal shield against US sanctions. All 27 EU members are ICC signatories.
