MEPs Push EU to Activate Blocking Statute, Shield ICC From US Sanctions
On 12 October 2024, forty‑one members of the European Parliament signed a joint letter urging the European Commission to trigger the 1996 Blocking Statute. The signatories span the European People’s Party, the Socialists & Democrats, Renew Europe, the Greens, and other groups. They argue that U.S. secondary sanctions on the International Criminal Court could force European firms to breach EU law. The move is intended to preserve the EU’s legal autonomy and protect the ICC’s ability to operate in Europe.
What the MEPs Proposed and When
The letter was drafted by a cross‑party group of MEPs, including Rasmus Andresen (Germany, FDP), Stéphane Séjourné (France, Renew), and Eva Joly (France, Greens). It was submitted to Commission President Ursula von der Leyen and High Representative Josep Borrell on 12 October 2024. The document calls on the Commission to apply the Blocking Statute, a legal tool first adopted in 1996 to counter extraterritorial sanctions imposed by third countries. The MEPs point to the U.S. Treasury’s recent decision to add ICC prosecutor Karim Khan and several senior officials to its secondary sanctions list, a step taken after the ICC opened an investigation into alleged war crimes in Gaza. According to a European Parliament press release dated 13 October 2024, the letter also cites a small but telling detail: the U.S. notice warned that any European entity that continued to provide services to the ICC could face asset freezes and denial of U.S. market access. The MEPs ask the EU to pre‑emptively block the enforcement of those measures within its jurisdiction, thereby shielding both the Court and European businesses from collateral damage.
Why the Move Could Matter for Europe and the ICC
The United States has increasingly used secondary sanctions as a lever to compel non‑American actors to comply with its foreign‑policy goals. In recent years, the Treasury has targeted foreign banks, shipping firms, and tech companies that deal with sanctioned individuals or entities. By invoking the Blocking Statute, the EU would create a legal shield that forbids European companies from complying with those extraterritorial orders, even if non‑compliance could result in penalties from Washington. This is not merely a diplomatic gesture; it has tangible effects on everyday commerce. For example, a German logistics firm that transports documents for the ICC could be forced to choose between losing access to the U.S. financial system or breaching EU law. The statute would make the former illegal under EU law, protecting the firm from having to abandon its ICC contract.nBeyond corporate concerns, the issue touches on the EU’s broader commitment to the rule of law and multilateral justice. The International Criminal Court, based in The Hague, relies on the cooperation of member states to gather evidence, protect witnesses, and enforce arrest warrants. If European states were pressured to curtail that cooperation, the ICC’s ability to pursue accountability for war crimes would be severely weakened. That would undermine a cornerstone of the post‑World‑War‑II international order, which the EU has historically championed. Moreover, the move signals to other authoritarian regimes that the EU will not be easily coerced into sidelining international justice for bilateral trade considerations.nFor ordinary EU citizens, the stakes are indirect but real. The EU’s export sector, which accounts for roughly €1.2 trillion in annual trade, could face sudden disruptions if companies are forced to choose between U.S. market access and compliance with EU law. A sudden loss of access to the U.S. market would ripple through supply chains, potentially raising prices for consumer goods. By pre‑emptively blocking the sanctions, the EU aims to avoid such economic shocks and preserve the stability of its internal market.
“"If the EU does not act, we risk turning European businesses into unwilling accomplices to U.S. foreign policy," said MEP Rasmus Andresen during a press briefing in Brussels on 14 October 2024.”
