How the ICC can be saved

What the report says

Al Jazeera published an opinion piece arguing that recent US sanctions on the International Criminal Court could seriously undermine the tribunal’s ability to operate. The authors, Sergey Vasiliev and Triestino Mariniello, write that restricting the ICC’s access to assets, banking, insurance, technology and other services could disrupt investigations and prosecutions, especially if private firms overcomply out of fear of penalties. The article says the measures include a 180-day grace period, which Washington has framed as a chance for diplomacy, but the writers view it as pressure on states to align with US demands.

The piece criticizes what it describes as weak responses from ICC member states and the European Union, noting that public support statements have not been matched by practical protections. It cites EU foreign policy chief Kaja Kallas’s October 10 comments defending the court’s independence, while arguing that the bloc has otherwise remained cautious. The authors say dialogue with Washington is unlikely to help if the stated US objective is to weaken the court.

As a response, the article calls for coordinated action from states party to the ICC and the EU, including stronger funding, legal safeguards against sanctions spillover, alternative banking and digital infrastructure, and possible use of the EU’s Blocking Statute. The broader context is a long-running dispute between the US and the ICC, which has included American opposition to some of the court’s investigations, including in Palestine.