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Former ICC Prosecutor Urges EU to Block US Sanctions on Court Officials

5/24/2026, 12:15:44 PM

US Sanctions on ICC Officials and Call for EU Countermeasures

In February 2025 the United States imposed travel bans and asset-freeze measures on eleven International Criminal Court (ICC) officials—nine judges, the chief prosecutor, and three Palestinian organisations—following the ICC’s 2024 decision to issue arrest warrants for members of the Israeli cabinet, including Prime Minister Benjamin Netanyahu. Former ICC prosecutor Fatou Bensouda, speaking at a Rights Forum meeting in The Hague, called for an EU-wide statute to block the sanctions and for coordinated legal and financial safeguards for ICC personnel.

Background & Context

The ICC’s 2024 arrest warrants marked the first time the court targeted senior Israeli officials. The United States justified its sanctions as a response to ICC officials “directly engaging in efforts … to investigate, arrest, detain or prosecute Israeli nationals without Israel’s consent.” Bensouda described the measures as “coercive attempts to interfere with the independent exercise of judicial and prosecutorial functions established under international law.”

Timeline

  • 2024 – ICC issues arrest warrants for Israeli cabinet members.
  • February 2025 – United States sanctions eleven ICC officials and three Palestinian organisations.
  • May 2026 – Bensouda addresses the Rights Forum in The Hague, urging EU action.

Key Figures & Groups

  • Fatou Bensouda – Former ICC prosecutor (2012-2021), Gambian high commissioner to the United Kingdom.
  • ICC judges and chief prosecutor – Targets of the U.S. sanctions.
  • United States government – Issuer of the sanctions.
  • Dutch government – Host of the ICC, signed a protection agreement but faces criticism for limited implementation.
  • European Union – Potential enactor of a blocking statute.
  • State parties to the Rome Statute – Expected to provide coordinated support.
  • Progressive Dutch MPs – Claim the coalition government has done little to defend the ICC.

Data & Statistics

  • 11 ICC officials sanctioned: nine judges, the chief prosecutor, and three Palestinian organisations.
  • Sanctions include travel bans, asset freezes, and denial of services by European banks, insurers, and technology providers.

Official Statements & Responses

Bensouda warned that the sanctions constitute “thuggish and inappropriate” coercion that transforms legal disagreement into “crippling economic coercion to meet political ends.” She urged state parties to establish “coordinated legal, defence and indemnification mechanisms” and to create protected banking channels for the court. The United States maintained that the sanctions target individuals “directly engaging” in ICC actions against Israeli nationals without consent.

Criticism & Opposition

Bensouda criticized ICC-affiliated states for “slow and timid reactions, inactions and empty gestures of support.” Dutch officials have been accused of insufficient protection despite a formal agreement, leaving other states—particularly Spain—to assume protective responsibilities.

Conflicting Reports & Gaps

The United States frames the sanctions as a lawful deterrent against unauthorized prosecutions, while Bensouda characterizes them as political intimidation aimed at silencing the court. No EU decision on invoking the blocking statute has been reported, leaving a gap in collective response.

Why It Matters / Impact

If sanctions become a routine tool for judicial intimidation, ICC judges may face personal and financial ruin, undermining the court’s capacity to pursue accountability for serious crimes and setting a precedent for targeting international judicial actors.

What’s Next

State parties are being urged to adopt legislative safeguards that prevent cooperation with coercive measures, while the EU is being asked to trigger its blocking statute. Ongoing diplomatic discussions may shape the development of protected financial channels and coordinated legal defenses for ICC personnel.

Verbatim Quotes

  • “These are coercive attempts to interfere with the independent exercise of judicial and prosecutorial functions established under international law. If the international community does not respond with seriousness, institutional resolve and practical solidarity, the consequences will extend far beyond The Hague.” — Fatou Bensouda, former ICC prosecutor
  • “It is thuggish and inappropriate, and it should be called out for what it is.” — Fatou Bensouda
  • “ “No prosecutor, judge, registrar or investigator acting within lawful mandate should face personal financial ruin because of politically motivated sanctions.” — Fatou Bensouda
  • “The purpose of personal sanctions is not merely punitive, it is deterrent,” — Fatou Bensouda
  • “The ICC is not a hostile government. It is not an armed group. It is not a terrorist organization. It is not a sanctions evader. It is a critical judicial body. And using sanctions against judicial actors represents a dangerous misuse of a tool originally justified for fundamentally different purposes.” — Fatou Bensouda