On 6 March 2025, PGA co-sponsored an event calling for urgency in upholding international justice in an increasingly hostile global environment. Organized by the NGO No Peace Without Justice (NPWJ), the discussion took place during the EUmans Congress – a pan-European movement focusing on promoting fundamental rights, sustainability, and democratic innovation through civic participation and transnational initiatives – and was hosted by the European Parliament, in Brussels, Belgium.
The aim of the event was to urge EU institutions as well as members of the European Parliament to protect the independence and integrity of the International Criminal Court (ICC), which is currently facing unprecedented attacks and threats. As detailed by NPWJ Secretary General, Mr. Niccolò Figà-Talamanca, these challenges to international justice require ICC States Parties, and most notably EU Member States, to take concrete action in support of the Court in view of their international obligations to ensure accountability for the most serious crimes of concern to the international community, i.e., the crime of genocide, war crimes, crimes against humanity and the crime of aggression.
The ICC under Threat: The Stakes for International Justice
In his keynote speech, the ICC Registrar, Mr. Osvaldo Zavala Giler, emphasized how, by prosecuting individuals responsible for atrocities, the ICC enforces accountability, strengthens the international rule of law, and promotes lasting-peace. In doing so, it upholds the universal values on which the EU is founded in accordance with Article 2 of the Treaty on the EU. By ensuring that justice is accessible to all, including the most vulnerable communities, and by providing victims with reparations, the ICC contributes to a world where perpetrators are held accountable, because “peace is not the absence of conflict, but the presence of justice.”
The ICC has 12 on-going situations across all regions of the world. Yet, the Court faces challenges that risk to undermines its activities. The ICC has been subjected to the Russian Federation arrest warrants against ICC judges and the ICC Prosecutor for its investigations in Ukraine, cyberattacks, and acts of intimidation. More recently, the U.S. Executive Order imposing sanctions on the ICC has further threatened its sustainability and independence.
While the EU has traditionally been a strong ally of the Court, the ICC Registrar stressed that its leadership is more crucial than ever, particularly since The Netherlands, an EU Member State, hosts its headquarter. As an independent international judicial institution, the Court relies entirely on the diplomatic and financial support of States Parties. Therefore, the ICC Registrar stressed that political support should be translated into concrete actions, including the enforcement of arrest warrants and increased cooperation. Upholding the ICC is not a choice but a duty owed to future generations; defending the ICC is defending the principles of a world where no one is above justice.
To this end, he urged the EU Commission and EU Member States to activate the Blocking Statute (Council Regulation No 2271/96), a protective trade mechanism which would protect EU operators, whether individuals or companies, from the extra-territorial application of sanctions, preserving the Court’s ability to continue functioning effectively.
The EU Blocking Statute has been used primarily in response to U.S. sanctions to protect EU operators engaged in lawful international trade and/or movement of capital, as well as related commercial activities, against the effects of the extra-territorial legislation. The statute was originally adopted in 1996 to counteract U.S. sanctions against Cuba, Iran, and Libya, but its most notable activation came in 2018, when the U.S. withdrew from the Iran Nuclear Deal (JCPOA) and reimposed sanctions on Iran.
Members of the European Parliament Recall their Commitment
Valuable inputs provided by Members of the European Parliament (MEPs) echoed these concerns, emphasizing the EU’s responsibility in defending international justice. Ms. Hanna Gedin, MEP (Sweden), particularly warned that the current geopolitical context jeopardizes the rules-based international order, built on the “never again” principle. She reaffirmed the MEPs’ commitment to support the implementation of the Blocking Statute and indicated her willingness to explore additional measures to uphold international law.
Mr. Juan Fernando López Aguilar, MEP (Spain) and PGA Member referred to the lessons of history, stressing that the ICC was created to prevent impunity for the most serious atrocities. He analyzed the current situation as a “wake up call” for the EU, which must now not only stand up, but also demonstrate through concrete actions its commitment to the values of the fight against impunity – an international obligation for EU Member States, also enshrined in EU Law. He joined the call urging the EU to activate and enforce its Blocking Statute, underlining that this is also part of the European Parliament’s commitment to promote and defend international law.
Civil society organizations call for decisive actions
Civil society organizations reinforced the calls for the urgency of the situation. Ms. Alice Autin, Communications and International Justice Officer at Human Rights Watch, focused her intervention on describing the impact of U.S. sanctions on international justice as a whole, and particularly for citizens and victims around the world. Expressing criticism for the EU’s lack of response since the adoption of the U.S. Executive Order – which contradicts its pledge to preserve the Court – she called for a clear political support to be coupled with concrete actions, such as the activation of the Blocking Statute, which she described as an instrument precisely designed for moments of crises. She also reminded the EU of its obligation to cooperate with the Court, to show unity and comply with international law and international obligations, including execution of arrest warrants, which should be EU Member States’ priority. She argued that these are not just ICC’s challenges, but threats to the universal values upheld by the EU, which should therefore prompt the EU to take the lead in demonstrating that “an alternative to the law of the strongest exists.”
Ms. Frederika Schweighoferova, PGA’s International Law and Human Rights Program Director, emphasized the indispensable role of parliamentarians in upholding the ICC and expressed gratitude for those who stood up and showed support across the previous months, including by signing PGA’s Global Parliamentary Declaration in Support of the ICC. She warned about the chilling effects created by the sanctions on the pursuit of justice, notably the risk of overcompliance, which might discourage States and civil society organizations to cooperate with the Court, leading to negative consequences for international justice, as well as for thousands of victims and survivors.
What can parliamentarians do?
Ms. Frederika Schweighoferova concluded her remarks by sharing several recommendations for MEPs and parliamentarians worldwide:
- Continue to publicly denounce threats and attacks against international justice using every opportunity to raise awareness and advocate for unconditional support for the ICC, including by bringing these issues in national parliaments.
- Continue calling for the implementation of Blocking Statutes, included by the EU, to protect the operations of the ICC and those cooperating with it, and advocate for the development of similar/complementary instruments to adequately protect the Court and other international judicial institutions.
- Continue to demand States to respect their international obligations to cooperate with the Court, as per their obligations under the Rome Statute. Such obligations are also enshrined under EU law, and notably under the Treaty of the European Union (Article 21 and 24), and EU’s commitment outlined in recent Council Conclusions as well as in the 2011 Council Decision on the ICC, the Agreement between the EU and the ICC.
- Encourage your governments to sign ICC cooperation agreements and support mechanisms within national legislatures.
- Ensure that in the budget negotiations, enough funding and financial support are provided for CSOs and international justice organizations, including the ICC and Trust Fund for Victims.
