Former ICC prosecutor urges EU action over US sanctions

Published: 24 May 2026. The English Chronicle Desk. The English Chronicle Online.

A former chief prosecutor of the International Criminal Court has sharply criticised United States sanctions imposed on members of the court, warning that political pressure against international judges threatens the future of global justice institutions and undermines international law.

Fatou Bensouda, who served as the ICC’s chief prosecutor from 2012 to 2021, called for the European Union to introduce stronger legal protections for court officials targeted by American sanctions. Speaking during a gathering hosted in The Hague, Bensouda described the measures as “bullying” and “coercive”, arguing they were designed to intimidate judicial officials and weaken the court’s authority.

The dispute stems from decisions made by the ICC in 2024 to issue arrest warrants connected to the war in Gaza involving members of the Israeli leadership, including Israeli prime minister Benjamin Netanyahu. In response, the United States imposed sanctions in February 2025 on multiple ICC figures, including judges and prosecutors associated with the investigations.

The sanctions reportedly include travel restrictions, asset freezes and financial limitations that have severely disrupted the professional and personal lives of affected officials. According to Bensouda, some judges have effectively been cut off from parts of the European financial system, making ordinary banking and travel arrangements increasingly difficult.

The former prosecutor warned that the consequences extend far beyond individual officials and could have long-term implications for the independence of international courts. She argued that if governments are allowed to impose punitive measures on judges and prosecutors simply for carrying out legal mandates, confidence in international justice systems could erode rapidly.

Bensouda accused governments supportive of the ICC of responding too cautiously to the situation. She said expressions of solidarity were no longer sufficient and urged member states to adopt concrete legal and financial mechanisms to shield ICC staff from political retaliation.

One of her main proposals involved activating the European Union’s “blocking statute”, a legal framework designed to protect European individuals and organisations from the impact of foreign sanctions considered unlawful by the EU. Such measures could potentially prevent European financial institutions and businesses from complying with US sanctions targeting ICC officials.

The former prosecutor also called for protected banking systems and indemnity arrangements to ensure judges, prosecutors and investigators are not financially isolated because of politically motivated actions taken against them. She warned that failing to protect ICC personnel could discourage highly qualified legal professionals from working with the court in future.

According to Bensouda, the danger is not merely symbolic. She said sanctions are intended to create fear, isolate individuals and deter legal accountability efforts. She also claimed that international judicial institutions could struggle operationally if banks, insurers, technology providers and external experts begin avoiding associations with the court due to political pressure.

The sanctions issue has become particularly sensitive in the Netherlands, where the ICC is headquartered. Critics within Dutch political circles have argued that the Dutch government has not done enough to protect court officials based in The Hague despite agreements guaranteeing the safety and functioning of the institution.

Progressive politicians and human rights groups in Europe have increasingly voiced concern that allowing foreign sanctions against international judges sets a dangerous precedent for the future of multilateral justice systems.

The United States has defended its actions by arguing that the ICC lacks jurisdiction over Israeli nationals without Israel’s consent. Washington maintains that sanctions were imposed because court officials were involved in investigations and legal actions targeting Israeli leaders.

Supporters of the ICC, however, argue that the court was established specifically to investigate serious international crimes when national legal systems are unable or unwilling to act. They say political interference risks undermining decades of work aimed at strengthening global accountability for war crimes, crimes against humanity and genocide.

Bensouda also reflected on her own experiences while serving at the ICC, revealing that she had faced intimidation campaigns and believed her career opportunities were affected by political hostility linked to the court’s investigations.

The debate surrounding the ICC has intensified amid wider geopolitical tensions over conflicts in Gaza, Ukraine and other regions where international accountability mechanisms are under increasing pressure. Human rights organisations continue to warn that attacks on judicial independence could weaken confidence in international institutions at a time when global cooperation on war crimes investigations is already fragile.

Observers say the dispute also reflects a broader struggle between national political interests and international legal systems. While major powers often support international justice in principle, they frequently resist investigations that affect their own allies or strategic interests.

Despite mounting political tensions, Bensouda insisted that international courts remain essential to protecting victims of mass atrocities and maintaining global legal standards. She warned that allowing sanctions and intimidation to become normalised could gradually push institutions such as the ICC into irrelevance.

For supporters of the court, the growing confrontation represents more than a legal disagreement. It has become a test of whether international justice systems can operate independently in an increasingly polarised world shaped by geopolitical power struggles and competing interpretations of international law.