EU weighs activating blocking statute to protect ICC from US sanctions

The European Commission is considering measures, including activating its blocking statute, to protect the International Criminal Court from US sanctions, a spokesperson said Monday.

Speaking at a midday briefing in Brussels, Siobhan McGarry said the EU had been in contact with member states over the potential activation of the statute following Washington’s announcement of sanctions against the court.

McGarry said preparatory work was underway to assess possible measures to safeguard the court’s operations, but stressed that no decision had been made on whether or when to activate the statute.

“The blocking statute still remains on the table,” she said.

“We have no definitive date or time for the activation, or we won’t prejudge whether we will activate it. We’re obviously still hoping that we can find a more optimal outcome to allow the court to continue its vital work,” she added.

The blocking statute is designed to protect EU companies and individuals from complying with certain foreign sanctions.

McGarry said the commission was also consulting several state parties to the court on practical measures to protect its operations if the sanctions take effect.

“I don’t want to go into the measures that are being explored, but obviously the Dutch are very, very much leading on this work,” she said.

Her remarks followed an announcement of sanctions against the court by US Secretary of State Marco Rubio.

Rubio threatened to “end the ICC” unless it stopped what he described as its “threats.”

The International Criminal Court, based in The Hague, is an independent international tribunal responsible for prosecuting individuals accused of genocide, crimes against humanity, war crimes and the crime of aggression.