Top ICC official urges EU to act ‘as soon as possible’ on US sanctions

THE HAGUE — The European Commission should act “as soon as possible” to give clear guidance on U.S. sanctions against the International Criminal Court, its top administrative official told POLITICO in an interview.

Osvaldo Zavala Giler, who oversees the day-to-day functioning of the Hague-based court as the institution's registrar, said his job became “preparing for sanctions” as the White House imposed an escalating regime of restrictions against it.

The Trump administration targeted prosecutors and judges from the court first in February 2025 before announcing blanket sanctions on Oct. 9 this year. The EU has repeatedly backed the Court against Washington, but it has resisted calls to activate a mechanism that would forbid firms from complying with U.S. laws.

That has agonized senior figures in The Hague. Zavala Giler said the Commission's "lack of clarity" left private companies and NGOs in the dark over whether they should comply with sanctions decided by Washington — and what risks they face if they don't.

Zavala Giler's call to the Commission adds to pressure from EU lawmakers for a swift response after the Oct. 9 announcement. Kallas told the European Parliament on Tuesday that Brussels would use the next few months "to open dialogue" on the issue. The new sanctions are set to take effect in April next year.

"What I would hope is that the space for dialogue is not interpreted as a space for waiting to protect the court," Zavala Giler said, who spoke from his glass office on the eve of a visit to the Court’s headquarters by the EU’s top diplomat, Kaja Kallas.

Damocles sword

Anticipating sweeping sanctions, the Court spent six months abandoning U.S. tech providers and moving to an open-source software environment, and 20 months to make its financial transactions dollar-proof. That move has been a huge undertaking for Zavala Giler's team, he said.

The Court initially deepened its reliance on U.S. technology after it was hit by a massive cyber attack in 2023, but what seemed a solution at that time became a problem in the face of sanctions. Even though the current regime includes a carveout for telecommunications, there is no guarantee it will remain the case.

"It becomes a sort of Damocles sword on top of our head that could be revoked at any time," Zavala Giler said. "I cannot count on U.S. tech companies anymore."

U.S. platforms operate as entire ecosystems, offering all-encompassing solutions under a single contract. To do without them, “you need to start creating your own architecture and systems that need to speak to each other,” the registrar said.

Financial autonomy was equally hard to achieve. The Court mapped all its suppliers’ transactions to ensure there was no U.S. nexus, meaning that no U.S. person, bank or currency is involved in a payment. “We made all of our staff members have European bank accounts. It was a very detailed process that we had to do, person by person, company by company, making sure that the contracts were in euros,” the registrar said.

The Court also went from working with tens of banks to only “a few,” since only a handful of institutions are comfortable with dollar-proof payments.

Chilling effect

That situation is likely to worsen without clear guidance from EU countries and the Commission. As Zavala Giler put it, “if the International Criminal Court cannot transact in Europe, in euros within the SEPA zone with no U.S. nexus, then there is a bigger question about European financial sovereignty.”

The Court has long called the EU to use a legislative shield — known as blocking statute — that would forbid EU firms from complying with U.S. sanctions. The request was backed by dozens of lawmakers at the European Parliament, which incidentally awarded the court its human rights Sakharov Prize on Thursday.

The blocking statute “becomes an instrument to reassert the minimum space that should not be affected by unilateral extraterritorial sanctions ... that minimum space should be, at the very least, the eurozone,” Zavala Giler said. Even without it, the court needs “the reassurances that, at least within the eurozone, [it] can continue to operate,” he added.

So far, however, the Commission has taken a cautious approach, choosing dialogue with the U.S. as a way of "buying time," as a EU diplomat put it to POLITICO.

In a balancing act, EU heads of state and government backed Brussels' diplomatic effort at their summit last week, while also committing to do whatever is needed to support the Court.

“I hope that now that the European Council has opened this door, the Commission will feel more comfortable in taking an extra step. And at the very least, providing some kind of clear guidance,” Zavala Giler said.

As an intermediate step, the registrar suggested the use of “comfort letters” reassuring firms that they should not comply with the U.S. measures.

Zavala Giler stressed that sanctions were not only a matter to address for banks and tech operators, as the current uncertainty has already affected NGOs working with the Court. NGOs play a critical role in supporting the work of the Court, for instance "to provide reparations for victims in Uganda" or "to assist the work of the court in providing assistance to victims in Ukraine."

“This has created an enormous chilling effect," he said. "They don’t know if they have the legal protections or not, to continue supporting the work of the court.”