The European Commission indicated this Monday that the European Union's Blocking Statute, the instrument designed to counteract the effects of sanctions imposed by third countries within the community territory, remains "on the table" as a possible way to protect senior officials of the International Criminal Court (ICC) against the punitive measures adopted by the United States.
The community spokesperson for Financial Services, Siobhan McGarry, pointed this out at a press conference in Brussels, after being questioned about the option of resorting to this mechanism after EU leaders called on the Commission at the European Council last Thursday and Friday to promote "all relevant initiatives" to safeguard the court and the European companies that provide services to it against the impact of U.S. sanctions.
"It is still on the table," McGarry stated regarding the potential activation of the Blocking Statute. However, she did not confirm whether the community executive has decided to take this step, despite several member states, including Spain, Belgium, France, and the Netherlands, requesting to use it to prevent the restrictions imposed by the Trump Administration from jeopardizing the court's functioning.
"Obviously, we want to do what we can to protect the court's work and, for now, we are in contact with several of the states party to the court to see what practical measures we can implement in case the sanctions move forward," the spokesperson noted, emphasizing that options are being analyzed to limit the scope of Washington's measures.
McGarry clarified that there is still no timeline for a potential activation of the Blocking Statute and that the Commission has not made a final decision regarding its use. Nevertheless, she reiterated that the community executive continues to evaluate ways to ensure that the ICC can continue exercising its powers without interference.
"We do not have a definitive date or moment for activation, nor do we prejudge whether we will activate it," she specified, hoping for "a more optimal outcome" that allows the ICC to continue its "vital work" without the need to resort to new tools.
European leaders demand to shield the ICC
The debate on the use of the Blocking Statute has intensified after the heads of State and Government of the Twenty-Seven reiterated last Friday, at the European Council held in Brussels, their willingness to adopt "all necessary measures" to preserve the independence and normal functioning of the ICC against the sanctions from the United States.
"The European Council reaffirms the EU's willingness to adopt all necessary measures. It also calls on the European Commission to undertake all relevant initiatives that contribute to protecting the court and mitigating the impact of the sanctions," the conclusions of the summit agreed upon by the Twenty-Seven state, in which the Commission is urged to prepare concrete responses.
At the same time, European leaders have opted to fully exploit the diplomatic route, after the Trump Administration chose to postpone the entry into force of the new sanctions for six months and expressed its willingness to engage in dialogue with the States parties to the Rome Statute, the founding treaty of the ICC.
According to the assessment of the Twenty-Seven, this delay opens "a space for diplomacy" with the aim of convincing Washington to withdraw the announced measures and to avoid new restrictions that could call into question the "independence and integrity" of the court.