In the wake of recent sanctions imposed by the United States on several judges of the International Criminal Court (ICC), senior European Union officials have reiterated their backing of the court. This move highlights the EU’s steadfast commitment to upholding international justice and resisting external pressures on judicial independence.
European Commission President Ursula von der Leyen and European Council President Antonio Costa have both vocally supported the ICC. Antonio Costa emphasized the court’s essential role as a “cornerstone of international justice,” underscoring that it challenges impunity rather than nations. Costa further insisted on protecting the ICC’s independence and integrity, asserting that “the rule of law must prevail over the rule of power.” Von der Leyen expressed that the ICC is crucial for holding accountable those guilty of the world’s gravest crimes, asserting that the EU will “always stand for global justice & the respect of international law.” The display of solidarity comes after Slovenia, home to one of the sanctioned judges, urged Brussels to activate the EU’s Extraterritoriality (Blocking) statute to prevent EU entities from complying with these U.S. sanctions unless duly authorized.
The sanctions, stemming from former President Donald Trump’s Executive Order 14203, target ICC judges who endorsed the issuance of warrants for Israeli officials or the reopening of investigations into alleged U.S. war crimes in Afghanistan. These actions have been categorized by the U.S. Department of State as reactions to what they claim are the ICC’s “politicization and abuse of power.”
Despite the sanctions, the ICC has defended its judges and the institutional mandate under the Rome Statute, pointing out its commitment to fairness and due process. Since Afghanistan has been a party to the Rome Statute since 2003, the ICC’s jurisdiction over crimes on its territory holds, despite contention relating to non-party state nationals.
JURIST provides the full details of the EU’s response and ongoing support for the ICC in the face of these unilateral sanctions.