Al Jazeera
· collected 2026-10-11 · by Sergey Vasiliev, Triestino Mariniello
The sanctions the United States has imposed on the International Criminal Court threaten to degrade its capacity to function, leaving it to die a slow institutional death.
asserted
States → impose → death
Its continued operation as an international organisation, let alone a court of law, would become impossible.
asserted
operation → continue → law
The international community has responded with weak statements of condemnation.
asserted
community → respond → condemnation
States Parties have had more than 20 months since US President Donald Trump came to power to prepare for this move.
asserted
Trump → have → move
Efforts should have been made to strengthen the court’s institutional resilience.
asserted
Efforts → make → resilience
Still, it is not too late to act.
asserted
it → act → ?
The grace period offered by the US should be used not to engage in fruitless negotiations, but to undertake immediate measures to protect the court.
asserted
period → offer → court
Impact of sanctions
The sanctions block the ICC’s assets and other property interests in the US or in the possession or control of US persons.
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sanctions → block → persons
Subject to exemptions and licences issued by the US Department of the Treasury, US individuals and companies are prohibited from doing business with the court.
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individuals → issue → court
US banks, insurers, IT firms, and other businesses cannot supply the ICC with goods or services or receive payments from it without risking penalties.
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banks → supply → penalties
Many non-US businesses will overcomply and withhold their services out of fear of being sanctioned themselves.
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businesses → overcomply → fear
Cutting the court off from suppliers and service providers could paralyse its investigative and prosecutorial activities across all situations.
uncertain
Cutting → cut → situations
The sanctions, however, come with a “grace period” of 180 days to allow for maintaining or winding down the ICC operations.
asserted
sanctions → come → operations
This covers States Parties’ payments to the ICC, salary payments, health insurance, and medical services for its employees or contractors, and payments for rent, utilities, and routine services.
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This → cover → rent
Separate licences permit the provision of certain telecommunication, cloud and software services, the processing of ICC pension payments, and services needed for the benefit of specified ICC detainees.
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licences → permit → detainees
Washington has presented the “grace period” as an opportunity for States Parties “to demonstrate meaningful progress on diplomatic and legal resolutions” addressing US objections.
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Parties → present → objections
Yet, in essence, it is an instrument of overt political coercion designed to force States Parties into compliance.
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it → design → compliance
After the sanctions announcement, numerous States Parties once again reaffirmed their support for the court and criticised the US.
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Parties → reaffirm → US
At this point, however, the ICC cannot be defended with statements alone.
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ICC → defend → statements
Performative support rings hollow unless accompanied by a coherent, coordinated strategy for countering US coercion and protecting the ICC’s independence.
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support → ring → independence
Declarations will not prevent banks from closing ICC accounts, insurers from withdrawing coverage, tech companies from discontinuing their services, or other businesses from abandoning the court out of fear of US retaliation.
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Declarations → prevent → retaliation
The European Union has repeatedly affirmed that the ICC is a cornerstone of international justice and that its independence from external pressure must be protected.
asserted
independence → affirm → pressure
On October 10, EU High Representative Kaja Kallas reiterated this position, calling attacks or threats against the court, its officials, and those cooperating with it “not acceptable”.
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Kallas → reiterate → it
Beyond these statements, however, the EU has remained passive, seemingly out of fear of further antagonising Trump and triggering US tariffs.
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EU → remain → tariffs
It is troubling that some States Parties and the EU have welcomed the humiliating “grace period” as creating “scope for dialogue” and “space for diplomacy” with Washington.
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Parties → welcome → Washington
What meaningful compromise is possible when the US objective, stated in unequivocal terms, is to destroy the court?
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objective → state → court
Over the past 20 months, the US has steadily escalated its war on the ICC.
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US → escalate → ICC
For States Parties and the EU to expect a different outcome now is an exercise in self-deception that betrays, in equal measure, obsequious deference to Washington and a lack of self-respect.
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that → expect → respect
Appeasing bullies only emboldens them.
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Appeasing → appease → them
Dialogue under such coercive conditions opens the door to pressure on the ICC to retreat from its mandate in Palestine in exchange for sanctions relief.
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Dialogue → open → relief
Accepting US demands, in particular sacrificing the Palestine investigation to appease the rogue regime in Washington, would destroy the court as an independent and impartial institution.
asserted
Accepting → accept → institution
It would reinforce the perception that international justice operates selectively, depending on the political power of those within its purview.
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justice → reinforce → purview
Betraying the ICC’s mandate and victims’ pursuit of justice would mean an intolerable loss of legitimacy for the court and discredit the very idea that no one is above the law.
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one → betray → law
Urgent action needed
Meaningful action is long overdue, but it is not too late for it.
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it → need → it
States Parties must now make a principled choice and stick to it.
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Parties → make → it
They must defend the ICC and secure its ability to function – not pursue fruitless dialogue with a hostile non-party state, beg it for mercy, and offer concessions neither they nor the court can afford.
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they → defend → concessions
They must publicly commit to increasing the ICC’s budget and provide it with the resources and facilities it needs to withstand political and economic pressure.
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it → commit → pressure
They must adopt effective legal measures, blocking legislation and safeguards against financial de-risking, to shield the court, its officials, and those cooperating with it from the extraterritorial effects of US sanctions.
asserted
They → adopt → sanctions
These protections must extend equally to Palestinian civil society organisations, targeted for supporting the court’s investigations.
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protections → extend → investigations
The EU should immediately activate its Blocking Statute to prohibit EU operators from complying with US sanctions.
asserted
EU → activate → sanctions
…and 7 more, not listed.
The Aporia
