In an interview with Politico before the visit of EU High Representative for Foreign Affairs and Security Policy Kaja Kallas to the ICC, ICC official Zavala Giler evaluated the effects of US sanctions on the daily functioning of the Court and her expectations from the EU.
Stating that the EU Commission's lack of a clear stance leaves companies and NGOs in uncertainty, Zavala Giler said that these organizations do not know whether they should comply with US sanctions or not and what risks they will face if they do not.
Asking for concrete steps to be taken to protect the ICC, Zavala Giler said regarding the EU's prioritization of dialogue with the USA: "I hope the space opened for dialogue will not be interpreted as a waiting period to protect the Court." he said.
Zavala Giler explained that the Court, which is preparing for comprehensive sanctions, spent 6 months preparing to switch to open source software instead of US technology providers and 20 months to reduce dependence on the dollar.
Stating that telecommunication services are exempt from current sanctions, but there is no guarantee that this exception will continue, Zavala Giler said, "I can no longer trust US technology companies." he said.
Zavala Giler stated that they examine suppliers' transactions one by one to ensure that there is no connection to a US person, bank or currency in payments, and that they ensure that all employees open bank accounts in Europe and that contracts are drawn up in euros.
Stating that the number of banks with which ICC works decreased from dozens to a few banks during this period, Zavala Giler noted that the number of institutions that accept to make payments that are not affiliated with the USA is limited.
Zavala Giler emphasized that the Court should be able to conduct transactions in Europe, in euros and without connection to the USA, and said that failure to achieve this would also bring Europe's financial sovereignty into question.
Zavala Giler reiterated his call for the introduction of a blocking statute that would prevent EU companies from complying with US sanctions, and asked for assurance that the Court could continue its activities at least in the Eurozone, even if this mechanism was not used.
Zavala Giler suggested issuing "letters of assurance" to companies as an intermediate step.
Stating that the uncertainty affects banks and technology companies as well as NGOs working with the Court, Zavala Giler said, "This situation has created an extremely large deterrent effect. They do not know whether they have legal protection to continue supporting the work of the Court." he said.
US Secretary of State Marco Rubio announced that they decided to impose sanctions on the Court after South African lawyer Navi Pillay, a former judge of the ICC, won the "2026 Nobel Peace Prize".
Rubio stated that the USA will not allow Americans to be tried by the ICC and said, "Either the ICC will end its threats or we will abolish the ICC." He used the expression.
The ICC issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant in November 2024, and the USA opposed the decision.
The Washington administration decided to impose sanctions on judges and prosecutors, including ICC President Tomoko Akane, in August.
The "Blocking Statute" was first brought to the agenda in 1996, following the US decision to impose an embargo on Cuba, Iran and Libya. This legislation aimed to prevent decisions made by foreign courts against European companies doing business with these countries and thus protect these companies.
However, the implementation of the regulation was later shelved when the EU and the USA negotiated the issue and found a solution.
The regulation in question came into force on August 7, 2018, following US President Donald Trump's decision to withdraw from the nuclear agreement signed with Iran in 2015.
In his statement on October 20, EU High Representative Kallas stated that all options, including the "Blocking Regulation", should be kept on the table to protect the ICC against US sanctions, and stated that the EU will use the 6-month period before the sanctions come into force to analyze all legal consequences, initiate dialogue and seek solutions.
