On October 22, the European Parliament awarded its 2026 Sakharov Prize for Freedom of Thought to the International Criminal Court (ICC) and its officials. The announcement came less than two weeks after Washington imposed sanctions on the Court itself, having already targeted several of its judges and prosecutors. Parliament President Roberta Metsola presented the award as recognition of the ICC’s contribution to international law and justice (European Parliament, 2026).
The prize sends a clear message of European solidarity with the Court, particularly at a time when its independence and operations face mounting pressure. Yet the award does little on its own to address the financial and technological difficulties created by American sanctions. Banks, software providers and other businesses must still consider their exposure to US restrictions, regardless of the political support expressed in Strasbourg (Marcone, 2026). Beyond publicly defending the ICC, how far are European governments prepared to go to protect an institution whose work has brought it into conflict with Washington?
Washington’s dispute with the ICC centers on the Court’s authority to investigate individuals from countries that have not joined the Rome Statute.
The United States argues that the Court’s jurisdiction threatens American sovereignty, particularly when investigations involve US personnel or Israeli officials. The ICC, however, can exercise jurisdiction over certain crimes committed on the territory of a state party, even when the accused comes from a non-member country. This legal disagreement has become a major source of tension between Washington and The Hague (US Department of State, 2026).
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The Trump administration initially targeted individual judges and prosecutors through sanctions introduced under Executive Order 14203. On October 9, Washington extended these measures to the ICC as an institution, following earlier sanctions against thirteen of its officials. The Court condemned the decision, arguing that it was intended to obstruct its investigations and judicial proceedings (International Criminal Court, 2026).
The consequences could extend beyond the courtroom. American sanctions can discourage banks, technology companies and other service providers from maintaining commercial relationships with the ICC. Even routine activities, including salary payments and access to digital systems, could become more difficult. Washington has issued temporary authorizations allowing certain operations to continue, but the Court’s dependence on these exemptions illustrates its vulnerability (European Commission, 2026).
Europe has already begun looking for ways to shield the ICC from the consequences of American sanctions. On October 23, the European Commission advised EU businesses to continue providing services to the Court under general licenses issued by Washington. These authorizations permit certain transactions to continue, including those necessary to maintain existing operations. However, one of the licenses expires on April 7, 2027, leaving the Court’s longer-term access to essential services uncertain (European Commission, 2026).
The EU also has a legal instrument that could offer stronger protection. Its Blocking Statute, introduced in 1996, was designed to counter the extraterritorial effects of certain foreign sanctions. It can prohibit European companies from complying with designated foreign restrictions and allow them to recover damages resulting from their application.
However, the current statute does not cover American sanctions against the ICC. Extending its protections would require further EU action (European Commission, n.d.).
There is growing pressure to take that step. Members of the European Parliament have called for the Blocking Statute to be extended, while EU leaders have urged the Commission to develop measures protecting the Court’s access to financial and other services. For now, Brussels continues to favor negotiations with Washington, although
officials have kept the Blocking Statute under consideration (European Parliament, 2026; Anadolu Agency, 2026).
This approach provides the ICC with some immediate breathing room. Yet it also exposes a weakness in Europe’s response: the Court’s continued access to essential services still depends partly on exemptions granted by the government imposing the sanctions.
Europe’s hesitation reflects a wider dilemma in its relationship with Washington.
European governments have repeatedly defended the ICC’s independence, yet confronting American sanctions could create additional friction with an important security and economic partner. For now, Brussels is using the six-month transition period to negotiate with Washington, hoping to secure a reversal of the measures before stronger intervention becomes necessary (European Commission, 2026).
The consequences for the Court are already visible. According to ICC Registrar Osvaldo Zavala Giler, the institution has moved staff to European bank accounts and converted contracts into euros to reduce its exposure to American financial restrictions. The number of banks willing to handle its transactions has also fallen considerably. These difficulties demonstrate why political declarations alone cannot guarantee the Court’s ability to operate (POLITICO, 2026).
There is also disagreement over how Europe should respond. Fifty-eight members of the European Parliament have urged the Commission to extend the Blocking Statute to protect the ICC, while EU foreign policy chief Kaja Kallas has stressed the need to prepare any such measure carefully. The Netherlands, which hosts the Court, has been particularly active in discussions about practical safeguards (Euronews, 2026; European External Action Service, 2026).
Europe’s willingness to defend international justice will be tested through its treatment of the companies and institutions supporting the ICC. If diplomacy fails, European governments will have to decide whether they are prepared to protect those relationships despite the possibility of conflict with Washington.
The Sakharov Prize has given the ICC an important show of European support at a time when its independence is under pressure. However, recognition alone cannot resolve the difficulties created by American sanctions. The Court still needs reliable access to financial services, technology, and other resources to carry out its responsibilities.
Europe has begun addressing these concerns, but its response remains cautious.
The coming months will reveal whether negotiations with Washington can produce a lasting solution or whether stronger measures become necessary.
Ultimately, defending international justice requires more than expressing support for its institutions. The real significance of Europe’s response will depend on whether it can translate that support into practical protection for the Court.
