JOINT STATEMENT The European Union should defend the International Criminal Court
POLICY BRIEF April 2025
(ICC) amid serious attacks on its mandate and mission, 58 nongovernmental groups said et for droits humains today. These attacks couldEntreprises undermine justice victims of serious :international crimes around Laworld, Tunisie doit se saisir pleinement instruments internationaux the making urgent EU action to uphold thedes international rules-based order. The ICC is the cornerstone of a broader system for accountability, acting as a court of last resort when other avenues to justice are blocked. The recent arrest and transfer of former Philippine President Rodrigo Duterte to face a charge of crimes against humanity before the ICC reaffirms the Court’s relevance and underscores its significance in ensuring accountability for the most serious crimes. The EU and its member states have long been strong advocates for the ICC and have made legally binding commitments to promote the universality and integrity of the Rome Statute, the Court’s founding treaty. The EU has pledged to support the ICC’s independence, cooperation with the Court, and the implementation of the principle of complementarity, which ensures that the ICC acts only when national authorities do not genuinely investigate and prosecute, as appropriate, international crimes. This firm support has been essential to the ICC’s functioning since its establishment more than 20 years ago. US President Donald Trump issued an executive order on February 6, 2025, authorizing the use of asset freezes and entry bans on ICC officials and others supporting the Court’s work. US sanctions targeting the ICC are an affront to victims and their families. Sanctions are never meant for prosecutors, judges, and others pursuing independent and impartial justice for core international crimes. The US designated ICC Prosecutor Karim Khan for sanctions under the February 6 order and could issue additional designations in a bid to undermine ICC investigations it opposes. US financial sanctions have serious effects that go far beyond those targeted, and could result in the Court losing access to essential services necessary to carry out its mandate. The order appears designed not only to intimidate Court officials and staff involved in the Court’s critical investigations, but also to have a chilling effect on broader cooperation with the ICC, including by civil society organizations supporting victims. While most EU member states have condemned the US sanctions in national and joint statements, the EU as a whole has yet to express its opposition in an official statement, in stark contrast to its clear positions following the imposition of similar sanctions by the first Trump administration in 2020. Expression of support for the ICC’s mandate is welcome, but