In light of United States sanctions on the International Criminal Court (ICC), and specifically Prosecutor Karim Khan, Al-Haq calls on the European Commission to amend the Annex to the Blocking Statute to include US Executive Order 14203, to block US sanctions against the International Criminal Court and Prosecutor Khan in Europe, to prevent impunity.

Council Regulation (EC) No. 2271/96 of 22 November 1996, ‘protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom’ – as amended by Council Regulation (EC) No. 807/2003 of 14 April 2003; Regulation (EU) No. 37/2014 of the European Parliament and of the Council of 15 January 2014; and by Commission Delegated Regulation (EU) 2018/1100 of 6 June 2018 – also known as the Blocking Statute, prohibits European Union (EU) persons from complying, directly or indirectly, with certain sanctions listed in its Annex.[1]

The Blocking Statute is an important achievement of unified EU action to shield the bloc’s operators from the extra-territorial application of third country laws which it considers to be contrary to international law. In so doing, the Blocking Statute aims to protect the established legal order, EU interests and the interests of natural and legal persons exercising rights under the Treaty on the Functioning of the European Union (TFEU) against the unlawful effects of the extra-territorial application of such legislation.[2]

As an EU Regulation, the Blocking Statute is directly applicable in all Member States. The supremacy of EU law among its Member States consequently ensures that EU operators are prevented from being forced to comply with foreign laws, such as United States (US) sanctions, that undermine EU sovereignty and economic policy.

Notwithstanding its objectives and scope, however, there has been limited implementation, application, and interpretation of the Blocking Statute, with EU Member States taking diverging approaches. Yet, at a time of unprecedented attacks against the International Criminal Court (ICC) and its very ability to function, the Blocking Statute represents a means to offer additional protection to the Court and those dealing with the institution.

Executive Order 14203, signed by US President Trump on 5 February 2025, imposes sanctions against anyone who assists the ICC, and Chief Prosecutor Khan specifically, in investigations of the US or its allies, namely Israel.[3] Given the EU’s strong, and allegedly unwavering, support for the ICC, the rule of law and human rights worldwide, it has the possibility to add Executive Order 14203 to the Annex listing the laws, regulations and other legislative instruments to which the Blocking Statute applies.

As alleged defenders of the rule of law, human rights, and democracy, the EU must employ all means at its disposal to shield EU operators – including individuals and enterprises – from the extraterritorial effects of US sanctions against the ICC. This includes amending the Annex of the Blocking Statute to include Executive Order 14203 in the list of laws, regulations and other legislative instruments to which the regulation applies. Failure to do so is to acquiesce to an administration of a third country that seeks to destroy the EU’s core values and the few multilateral tools we have in place to address serious human rights violations.

EU Member States’ representatives must immediately:

1. Demand the European Commission to amend the Annex to the Blocking Statute to include US Executive Order 14203;
2. Ensure the necessary preparatory work is carried out to be able to swiftly implement the Blocking Statute upon its amendment;
3. Reflect on the results of Public Consultation period between September and November 2021 with a view to addressing current challenges to effective implementation;
4. Explore other avenues to protect the ICC, its officials, and those cooperating with it from the effects of current and potential future sanctions, including by adopting protective measures at the national level;
5. Consider the establishment of a counter-sanction financial system that would allow the Court's staff to function irrespective of any Executive Orders issued by the Trump administration.[4]

Please find the full text of the Legal Brief – "Defending Justice: How the EU can push back against US sanctions on the ICC" here.