Sanctions imposed by the United States on the International Criminal Court could degrade its ability to function and leave it in a slow institutional decline, according to an opinion piece by its authors. They argue that the court would eventually be unable to operate as an international organisation, let alone as a court of law, unless its supporters take stronger action.
The authors say the international community has so far responded only with weak statements of condemnation. They note that States Parties have had more than 20 months since US President Donald Trump came to power to prepare for such a move, and argue that this time should have been used to strengthen the court’s institutional resilience.
How the US sanctions affect the court’s operations
The sanctions block the ICC’s assets and other property interests in the United States, or those in the possession or control of US persons. Subject to exemptions and licences issued by the US Department of the Treasury, US individuals and companies are barred from doing business with the court.
US banks, insurers, IT firms and other businesses cannot supply the ICC with goods or services, or receive payments from it, without risking penalties. The authors warn that many non-US businesses may overcomply and withhold their services out of fear of being sanctioned themselves. In their view, cutting the court off from suppliers and service providers could paralyse its investigative and prosecutorial work across all situations.
The 180-day grace period and Washington’s stated aims
The sanctions come with a grace period of 180 days, intended to allow the ICC to maintain or wind down its operations. It covers States Parties’ payments to the court, salaries, health insurance and medical services for employees or contractors, and payments for rent, utilities and routine services. Separate licences permit certain telecommunication, cloud and software services, the processing of ICC pension payments, and services needed for the benefit of specified ICC detainees.
Washington has presented the grace period as an opportunity for States Parties “to demonstrate meaningful progress on diplomatic and legal resolutions” addressing US objections. The authors, however, describe it as an instrument of overt political coercion designed to force States Parties into compliance.
The authors also criticise some States Parties and the European Union for welcoming the period as creating “scope for dialogue” and “space for diplomacy” with Washington. They argue that talks held under such conditions could push the court to retreat from its mandate in Palestine in exchange for sanctions relief, which they say would undermine its independence and impartiality.
Calls for States Parties and the EU to act
The authors say that statements of support issued after the sanctions were announced are not enough without a coordinated strategy. They note that EU High Representative Kaja Kallas reiterated on October 10 that attacks or threats against the court, its officials and those cooperating with it are “not acceptable”. Beyond such statements, the authors say, the EU has remained passive, seemingly out of fear of further antagonising Trump and triggering US tariffs.
The authors urge States Parties to take a set of concrete steps:
- publicly commit to increasing the ICC’s budget and providing the resources it needs to withstand political and economic pressure
- adopt blocking legislation and safeguards against financial de-risking to shield the court, its officials and those cooperating with it
- extend these protections to Palestinian civil society organisations targeted for supporting the court’s investigations
- finalise alternative banking, payment and digital infrastructure to ensure uninterrupted access to essential services
On the EU’s Blocking Statute, the authors say the bloc should activate it immediately to prohibit EU operators from complying with US sanctions. They acknowledge it is no silver bullet, but argue it would go some way towards shielding the court. They also note that a growing number of Member States and MEPs have asked the European Commission to extend the legislation to the anti-ICC sanctions.
The authors conclude that if the international community stands by as the US dismantles the ICC, the ability of any international court, or even any national court, to operate without fear or favour will become impossible.
