Top ICC official urges EU to act ‘as soon as possible’ on US sanctions

The European Commission must swiftly provide guidance on U.S. sanctions against the International Criminal Court (ICC), warned Osvaldo Zavala Giler, the institution's top administrative official. The White House has imposed an escalating regime of restrictions against the court, targeting prosecutors and judges first in February of 2025, followed by blanket sanctions on October 9th this year.

Despite the EU's repeated support for the court, it has hesitated to activate a mechanism that would prohibit firms from complying with U.S. laws. Zavala Giler said the Commission's lack of clarity leaves private companies and NGOs without a clear understanding of the risks they face if they do not comply with the sanctions. In anticipation of the sanctions taking effect in April next year, the court has already been adapting to the restrictions.

It spent six months abandoning U.S. tech providers and moving to open-source software, and 20 months to make its financial transactions dollar-proof by removing U.S. entities from its payment system. Zavala Giler noted that U.S. platforms offer "all-encompassing solutions" and that without them, the court would need to create its own architecture and systems, a process that is both complex and time-consuming.

Financial autonomy has also been challenging to achieve, with the court using only a few banks for dollar-proof payments. Without clear guidance, there is a risk that the court's ability to operate in the eurozone without U.S. nexus could be compromised, potentially undermining European financial sovereignty. The court has long advocated for a legislative shield known as the blocking statute, which would prevent EU firms from complying with U.S. sanctions.

Zavala Giler suggested the use of "comfort letters" to reassure firms that they should not comply with the U.S. measures, emphasizing that the court needs "the reassurances that, at least within the eurozone, [it] can continue to operate."