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EU weighs Blocking Statute to shield ICC from US sanctions

McGarry said all options are on the table to protect the ICC's work, but there is no set date for activating the Blocking Statute.

Bora Haber

· · 2 min read

A dark brown wooden gavel lying beside its round sounding block on a grey gradient background.
Illustrative image: legal dimensions of international sanctions and court rulings. Photo: Temsili görsel

McGarry said the European Union is in talks with member states about activating the Blocking Statute in response to the US sanctions decision targeting the International Criminal Court (ICC). The sanctions issue was also raised at the EU Leaders' Summit held on 15-16 October.

Mahkemenin çalışmalarını korumak amacıyla uygulamaya koyabileceğimiz tüm önlemleri değerlendiriyoruz. Bu konuda Engelleme Tüzüğü'nün devreye sokulması için belirlenmiş kesin bir tarih veya saat yok.

McGarry

McGarry said they hope to find a more suitable solution that lets the court continue its vital work, and added that he could not share every detail of the efforts. Noting that the Netherlands is playing a leading role, he said that if no other alternative emerges by the end of the 6-month period, they are working on steps that could be taken to protect the court.

Tüm seçenekler masada ve Engelleme Tüzüğü de bunlardan biri.

McGarry

Background to the sanctions

US Secretary of State Marco Rubio announced the decision to sanction the court after South African jurist Navi Pillay, a former ICC judge, won the 2026 Nobel Peace Prize. Rubio said the US would not allow Americans to be tried by the ICC, stating: "Ya UCM tehditlerine son verecek ya da biz UCM'yi ortadan kaldıracağız."

In November 2024 the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, which the US opposed. In August, Washington had also imposed sanctions on judges and prosecutors, including ICC President Tomoko Akane.

What is the Blocking Statute?

The statute first emerged in 1996 after the US decided to impose an embargo on Cuba, Iran and Libya. Its aim was to protect European companies doing business with those countries by blocking rulings from foreign courts against them. Its application was shelved after the EU and the US negotiated a solution, but it entered into force on 7 August 2018 after US President Donald Trump withdrew from the 2015 nuclear deal with Iran.

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