The European Commission confirmed on Wednesday 14 October that activating the EU blocking statute was among the options under consideration to protect the International Criminal Court (ICC) from US sanctions.
Nevertheless, it is prioritising diplomacy despite MEPs’ calls for a firmer response.
“The blocking statute could be part of the response, but we are not at that stage yet”, Commission spokesperson Siobhan McGarry said at the daily press briefing. She added that no decision had been taken.
For now, the Commission is prioritising talks with the United States in an effort to prevent the sanctions from being applied when the six-month period expires. Other options remain under consideration in consultation with Member States, notably within a technical coordination group.
This cautious approach contrasts with the demands made by 58 MEPs in a letter to European Commission President Ursula von der Leyen on Tuesday 13 October. The letter, spearheaded by Aurore Lalucq (S&D, French) and Dirk Gotink (EPP, Dutch), calls for the immediate activation of the blocking statute or, failing that, its application at the end of the 180-day transition period. Adopted in 1996, the instrument protects European companies from the extraterritorial effects of certain foreign sanctions.
The MEPs fear that financial institutions and other companies may prematurely sever their ties with the ICC for fear of US secondary sanctions. They therefore call on the Commission and Member States to engage with European financial institutions to ensure continuity of the services they provide to the Court.
They denounce an “attack by a foreign power against an entity located on EU territory” that could jeopardise the International Court’s operations.
Asked about the difficulties already faced by judges sanctioned individually, particularly in accessing banking and social services, Siobhan McGarry referred to the solutions being sought by the ICC itself.
She said that European Commissioner for Financial Services and the Savings and Investments Union Maria Luís Albuquerque had met representatives of the Court two weeks earlier.
The matter will be discussed at the European Council meeting on 15 and 16 October (see EUROPE B13960A8). European Foreign Ministers had already affirmed their determination to protect the ICC on Monday 12 October (see EUROPE 13958/6), without announcing any specific measures.
The letter: https://aeur.eu/f/nxb (Original version in French by Nithya Paquiry)