The Netherlands Arms Itself with European Allies Against US Attack on the International Criminal Court
Is the US going to put the entire International Criminal Court on the sanctions list? In The Hague as well as in Brussels, all eyes are on Washington, which threatens to "dismantle the Court stone by stone."
"Hands off the International Criminal Court," Prime Minister Jetten said earlier this week in New York at the United Nations. The Netherlands is receiving support from European allies. "Threats and attacks against the International Criminal Court are unacceptable," said European Council President Antonio Costa.
In his speech a day earlier, US President Trump spoke of "show trials" by the Court. But he did not announce further sanctions—according to Jetten, a result of the quiet diplomacy that the Netherlands has been pursuing for some time.
Jetten responded at the United Nations to the attack on the Court:
How long that strategy will continue to work is uncertain. The Netherlands, as host country, has a special responsibility, says the government. That also means that The Hague is extra vulnerable to Trump's wrath in his campaign against the Court. The US ambassador to the Netherlands said in response to Jetten that the Americans actually want to leave the ICC alone "as long as the Court keeps its hands off the US."
The US, like Russia, China, India, Israel, and Iran, is not a member of the Court. American criticism of this has been decades old. In 2002, George Bush signed the Hague Invasion Act, which gives the US the right to remove its nationals from The Hague if they have to answer to the Court. That is a difficult scenario to imagine, but after the Court issued an arrest warrant against Israeli Prime Minister Netanyahu, the US imposed sanctions.
Half of the judges have since been affected by this. It means that overnight they could no longer travel to the US and their credit cards were refused. Judges also report that they have been dropped from their health insurance.
European Counterstrike
The next step of the Trump administration in the threat to dismantle the Court are punitive measures against the ICC as an institution. This could completely cut off the Court, with its 900 employees, from the American financial system.
Trump said this week that he wants the International Criminal Court to be abolished:
The Netherlands is still trying with all its might to prevent Trump from taking more drastic steps. At the same time, The Hague is preparing, among other things within the EU framework, to strike back if necessary.
A year ago, the Dutch government asked the European Commission to prepare the so-called 'blocking statute.' If activated, European companies and organizations are obliged to ignore US sanctions because the EU considers them invalid.
The House of Representatives has already called for its use, and countries such as Spain and Belgium are openly advocates. In theory, American sanctions would then be 'blocked' and European companies could receive compensation for damages suffered.
Last Resort
In practice, it is not so simple, experts say. Companies operating both in the EU and the US face impossible choices: which laws should they comply with? If they comply with European law and ignore US sanctions, they risk criminal prosecution in America.
The use of the European blocking statute is therefore primarily a strong political signal. It is unclear how the American president will react if the EU strikes back. In The Hague and Brussels, there is fear of further escalation and a tone of restraint. Foreign Minister Berendsen calls it "a last resort that you can only use once."
The Court itself is now protected against possible further sanctions, says one of the prosecutors in the British newspaper Financial Times. For example, the Court switched last year to a German instead of an American software system. Also, employees' salaries are paid months in advance to prevent people from getting into financial trouble due to American sanctions.
Expression of Support
The EU is vulnerable due to its great dependence on the American financial sector. American punitive measures against the Court have painfully made this clear again. Tomorrow afternoon, two sanctioned judges from the Court will speak in the European Parliament in Brussels about their problems.
Around the same time, Foreign Minister Berendsen and his German colleague Wadepuhl will visit the Court in The Hague together, a clear expression of support. The Netherlands and the 26 other EU countries that are members of the Court still hope that Trump will not carry out his threats. Whether that is wishful thinking will most likely become clear in the coming weeks.