On February 6th, 2025, President Donald Trump signed an executive order, “Imposing Sanctions on the International Criminal Court (ICC)”, escalating the United States’ ongoing opposition to the Court’s activities. The sanctions come in response to the ICC’s investigation into alleged crimes involving US personnel and certain allies, including Israel, which the administration claims have been undertaken “without a legitimate basis”. This move has sparked global dissent, with over 80 countries joining together in a statement reaffirming their “continued and unwavering support for the independence, impartiality and integrity of the ICC.” For the Netherlands, the ICC’s host country, the sanctions present a particular challenge.

As the host country, the Netherlands is responsible for ensuring the operational independence of the Court. Under the “Headquarters Agreement” between the ICC and the Netherlands, the country must cooperate with the ICC and ensure its business continuity. However, the new US sanctions targeting ICC personnel could severely disrupt the Court’s operations—particularly if Dutch banks suspend financial services to the ICC out of fear of violating US sanctions.

In response, the Dutch government has engaged in discussions with Dutch banks to explore under what conditions they would continue processing transactions for the ICC under these new sanctions. Reports indicate that the banks are seeking substantial guarantees to maintain their business with the Court.

One proposed solution is invoking the European Union (EU)’s “blocking statute”, which prevents EU-based businesses from complying with US sanctions that have extraterritorial reach. This statute allows EU companies to resist US laws that conflict with European legal protections and provide a framework for seeking compensation if harmed by US sanctions. The blocking statute was notably used in 2018 when the EU sought to bypass US sanctions on Iran following the US withdrawal from the Iran Nuclear Deal. However, applying this legislation to protect the ICC would be an unprecedented use of this tool and likely come with unique challenges.

Nevertheless, various parties have expressed an ardent desire for the EU to invoke the blocking statute. The President of the ICC, Judge Tomoko Akane, has stressed that the EU blocking statute is one of the Court’s most essential tools for surviving any sanctions, urging, “to preserve the Court you must act now.” Dutch Justice Minister, David van Weel, also noted that “the Netherlands is too small” to protect banks on its own and that this issue needs to be addressed at a European level. In response, the Dutch Cabinet, following direction from Parliament, has agreed to advocate for the statute’s activation at the European level.

Given the EU’s longstanding support for the ICC, it is reasonable to assume that the EU will seek to protect the ICC in some form. There are a few less “nuclear” alternatives it may encourage first. Dutch banks could minimize their exposure to the ICC by restricting their services to a minimum—only holding cash and processing basic transactions for the ICC—or ICC servicing could be consolidated with one smaller bank. However, if the situation escalates, the EU may be forced to invoke the blocking statute, particularly if the US Senate revisits the previously blocked “Illegitimate Court Counter Act.” This bill sought to expand sanctions on the ICC to include not just those who “directly engaged in” unfavorable investigations but also those who “otherwise aided” the Court. While this bill was narrowly blocked due to concerns over its potential negative impact on American businesses, Democratic Minority Leader Senator Chuck Schumer indicated that a revised bipartisan version could be “very possible”.

It is therefore worth exploring what the blocking statute scenario would look like, because while it offers a strong legal defense, it may not be a panacea. Even if invoked, it could prove difficult to fully block all US sanctions, particularly when third-party countries and multinational companies with operations in both the US and the EU are involved.

The Netherlands, with its robust financial sector, faces a unique challenge, as several Dutch banks —such as ING, Rabobank, and ABN AMRO—are deeply integrated into the US financial system. While the blocking statute would shield Dutch banks operating within the EU from US sanctions, those with operations in the US remain subject to US law. This creates a dual compliance challenge: Dutch banks must balance their operations in the EU (protected by the statute) with their US operations (still subject to US sanctions).

Whichever way they turn, these banks will face unpleasant consequences. Complying with US sanctions could undermine the ICC’s financial operations, potentially halting essential payments to the Court. Additionally, compliance with US sanctions could expose these banks to long-term reputational risks, as they may be seen as aligning with US policy against the ICC, an institution widely supported by the international community. On the other hand, refusing to comply could lead to penalties or the loss of access to the US financial system. Dutch banks will need to navigate this conflict carefully, weighing the risks of becoming entangled in a geopolitical standoff.

As this situation unfolds, much remains uncertain. However, one thing is clear: US sanctions on the ICC have the potential to create significant diplomatic and economic tensions within the longstanding US-EU alliance, with the Netherlands caught in the middle. How the EU, the Netherlands, and Dutch banks respond will likely shape the future of the ICC and may have lasting implications for international diplomacy and the future of international law.

Lize de Kruijf is a project assistant with the Atlantic Council’s Economic Statecraft Initiative.

Economic Statecraft Initiative

Housed within the GeoEconomics Center, the Economic Statecraft Initiative (ESI) publishes leading-edge research and analysis on sanctions and the use of economic power to achieve foreign policy objectives and protect national security interests.

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Image: The Hague, Netherlands - april 19 2016: the logo of the ICC international criminal court at the entrance infront of the building itself.