EU lawmakers want to block European firms from enforcing US sanctions on ICC

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EU lawmakers are calling for the Commission to forbid European firms and banks from applying U.S. sanctions, as Washington weighs sanctioning the International Criminal Court over its actions concerning Israel.

The U.S. has already targeted nine of the court’s judges and four prosecutors since the Netherlands-based institution issued a warrant for the arrest of Israeli Prime Minister Benjamin Netanyahu.

“To protect its values, [the EU] needs to protect the ICC and the people who work there. It means … activating the blocking statute,” said Dutch lawmaker Dirk Gotink of the center-right European People’s Party after a closed-door meeting of the economy committee on Monday evening.

U.S. sanctions on the ICC, which is based in The Hague, would present it with numerous operational challenges such as paying staff, accessing IT services and maintaining its detention facilities. The blocking statute could protect the court by preventing European companies from complying with U.S. sanctions.

German Foreign Minister Johann Wadephul on Monday visited the ICC in a show of support. His appearance was notable given Germany’s otherwise stalwart backing for Israel.

At a joint press conference with Wadephul, Dutch Foreign Minister Tom Berendsen called the blocking statute the “nuclear option,” the AP reported. The Dutch government has been in touch with the Commission to ensure it can be quickly enacted, the Foreign Affairs Ministry told POLITICO.

French judge Nicolas Guillou, speaking at the economy committee hearing, said: “What’s at stake is whether we are going to be a democracy in the 21st century,” adding: “Will there be the rule of law in Europe?”

“We are in between terrorists from al Qaeda and Daesh, with some kleptocrats and some international drug traffickers in the same list.”

Guillou is one 13 ICC officials that the U.S. has sanctioned , including its president, Tomoko Akane of Japan.

French Socialist and economy committee chair Aurore Lalucq said: “What’s happening … is a major test for Europe. It is also a test of our political will. Do we want to give up on our values or not?” She called for the Commission to intervene at the highest political level.

“We know that the U.S. administration only functions with signals of clarity,” Gotink agreed. “What we need is leadership from the Commission.”

The Dutch politician insisted that one big problem is the overcompliance of European financial firms with Washington sanctions.

“Banks in Europe automatically apply American sanctions, no questions asked. Within one hour, a couple of hours, you are blocked from your account,” he said.

“This automaticity stems from the time when we thought that the Americans were still our friends. Of course we take over sanctions from the Americans. They liberated our continent. But that time is over, and we need to stop automatically following the State Department, knowing also what kind of policies are currently being developed in that place.”

Their voices add to a growing chorus of European politicians standing up for the court, which has 125 member countries around the world.