European Union Must Activate the Blocking Statute To Protect Those Pursuing Accountability at the ICC for Israel's Crimes from US Sanctions

Ramallah and Gaza, 11 September 2025 — In April 2025, in response to United States (US) President Trump’s enactment of Executive Order 14203 imposing sanctions against anyone who assists the International Criminal Court (ICC) in proceedings related to the US or its allies, Al-Haq called on the European Commission to amend the Annex to Council Regulation (EC) No. 2271/96 of 22 November 1996 (also known as the Blocking Statute). Almost half a year later, and after the European Union (EU) has manifestly failed to act in response to an ongoing, live-streamed genocide and unprecedented violence against the Palestinian people –– despite its internal reviews concluding Israel is committing systematic human rights violations –– the US has sanctioned ICC staff, including  the Prosecutor, the Deputy Prosecutors, and Judges, the United Nations Special Rapporteur on the OPT, Francesca Albanese, and now our three organisations working tirelessly to vindicate the fundamental rights of Palestinians.

The Blocking Statute is an important achievement of unified EU action to shield European operators from the extra-territorial application of third country laws, such as US sanctions, which it considers to be contrary to international law. As an EU Regulation, the Blocking Statute is directly applicable in all Member States and has supremacy in their respective legal systems. This makes the Blocking Statute a powerful means of protecting both the ICC itself and those working with the institution to end Israel’s longstanding impunity for the most egregious violations of international criminal law. At the same time, it will ensure EU entities are not forced to comply with foreign legislation, which in this case is being used to cripple ICC proceedings and officials, and silence Palestinian voices, demands and perspectives.

As alleged champions of the rule of law, human rights, and democracy, the EU and its Member States must employ all means at their disposal to ensure that US sanctions against leading Palestinian civil society organisations and human rights defenders do not have any extra-territorial effect. Those working tirelessly to end Israel’s genocide against Palestinians in Gaza and deliver accountability for the mass atrocities perpetrated by its Zionist, settler-colonial apartheid regime must be protected, not punished.

If the EU continues to stand by and allow Israel and the Unites States to undermine the legitimacy and functions of the international legal order, it risks undermining the values upon which the EU itself is supposedly based. Alternatively, by implementing the Blocking Statute, the EU has the opportunity to send a powerful message and uphold the international rules-based order it claims to adhere to. EU Member States should not tolerate efforts to undermine the pursuit of justice for the Palestinian people, nor should they ignore the plight of Palestinians who continue to suffer at the hands of Israel's genocidal and annexationist regime.

Our organisations recall that 26 members of the EU are States Parties to the Rome Statute, except Hungary, that announced its withdrawal in June 2025. EU Member States have obligations of cooperation with the ICC. The activation of the Blocking Statute by the EU is a necessary step to ensure that the ICC's avenues for justice and accountability remain accessible to victims around the world.

Al-Haq, Al-Mezan and PCHR call on the EU and its Member States to finally act to combat the ongoing international crimes and silencing efforts intended to erase the Palestinian people:

• Demand the European Commission amend the Annex to the Blocking Statute to include US Executive Order 14203 in the list of laws, regulations and other legislative instruments to which the regulation applies;
• Ensure the necessary preparatory work is carried out to be able to swiftly implement the Blocking Statute upon its amendment. This includes reflecting on the results of the open public consultation period between September and November 2021 with a view to addressing current challenges to effective implementation;
• Explore other avenues to effectively protect Palestinian civil society, human rights defenders, including UN mandate holders, and the ICC, its officials, and those cooperating with it from the effects of current and potential future sanctions, including by adopting protective measures at the national level;
• Terminate the EU-Israel Association Agreement, on the basis of Israel’s widespread and systematic human rights violations; and
• Impose diplomatic and economic sanctions on Israel, in addition to a full arms embargo, to end its genocide against the Palestinian people.