The Netherlands is preparing for the anticipated imposition of US sanctions against the International Criminal Court (ICC). This situation follows the rising tensions stemming from the Trump administration’s criticisms of the global tribunal. Dutch officials have received information about forthcoming sanctions that could significantly impact the ICC, according to diplomatic and government sources who requested anonymity because of the sensitive nature of the discussions.
In light of these potential sanctions, the Netherlands is exploring options to support the ICC in maintaining financial stability for its staff, ensuring the security of protected witnesses, and supporting operations at the detention facility.
The United States has already imposed sanctions on over a dozen current and former ICC staff members, including half of the sitting judges. Secretary of State Marco Rubio characterised these actions as part of a “sweeping campaign to dismantle the threat posed by the International Criminal Court.” These sanctions are largely seen as a response to the court’s investigations into US and Israeli officials, neither of which is a signatory to the ICC, which comprises 125 member states.
The ICC has issued arrest warrants for several senior Israeli officials, including Prime Minister Benjamin Netanyahu, related to allegations concerning the conflict in Gaza, which Israel strongly disputes.
Sanctions of this nature, typically employed against autocrats, terrorists, and cartels, can lead to severe repercussions. They may restrict the court’s access to vital financial and information technology services and could impede its ability to compensate US employees. For example, a former ICC chief prosecutor faced sanctions in 2025, resulting in loss of access to his Microsoft email account, frozen bank accounts, and restrictions on entering the United States.
US officials have cautioned their Dutch counterparts that sanctions could be implemented as early as Monday and have suggested that the Netherlands consider withdrawing from the ICC. The United States, along with other major global powers such as Russia, China, and India, is not a member of the ICC.
The court has proactively prepared for the possibility of sanctions in recent months, including transitioning away from Microsoft products in favour of a German software provider, as confirmed by three ICC staff members who are not authorised to comment publicly. Additionally, the court has switched its insurance and financial services to entities without a US presence.
Dutch and ICC officials are advocating a six-month grace period before the sanctions take effect, arguing that this time is essential for the institution to detach from American companies that risk substantial financial penalties under the sanctions. Aside from moving to European-based alternatives, the Netherlands and the European Union face limited options to safeguard the ICC.
The EU’s “blocking statute” may offer some protection for European court staff by prohibiting compliance with US sanctions; however, it remains uncertain whether this statute will extend to shield the ICC, given its status as an international body.
Furthermore, a small but increasing number of ICC member states, including Venezuela and Chad, have recently announced plans to withdraw from the institution. Chad specifically cited US influence in its decision.
Foreign Minister Abdoulaye Sabre Fadoul said that during a conversation with a US official in July, the American side expressed concerns about the ICC’s functioning and asked Chad to reconsider its membership.
This article used information from The Associated Press.
