ICC registrar urges EU to act 'as soon as possible' on US sanctions

Osvaldo Zavala Giler says lack of clear guidance from Brussels is threatening court's operations and creating 'chilling effect' on NGOs

By LineZotpaper

Published23 October 2026

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The European Commission should provide clear guidance on U.S. sanctions against the International Criminal Court 'as soon as possible,' the court's top administrative official has said, warning that uncertainty over the restrictions is undermining its work. Osvaldo Zavala Giler, registrar of the Hague-based court, said in an interview that his role had become 'preparing for sanctions' as the White House escalated its targeting of the institution.

The Trump administration first targeted ICC prosecutors and judges in February 2025 before announcing blanket sanctions on Oct. 9 this year. The measures are set to take full effect in April 2026. While the European Union has repeatedly backed the court against Washington, it has resisted activating a so-called blocking statute that would forbid EU firms from complying with U.S. sanctions laws.

Zavala Giler said the Commission's 'lack of clarity' left private companies and non-governmental organisations unsure whether they should comply with U.S. sanctions and what risks they faced if they did not. The call adds to pressure from EU lawmakers for a swift response after the Oct. 9 announcement. EU foreign policy chief Kaja Kallas told the European Parliament on Tuesday that Brussels would use the next few months 'to open dialogue' on the issue.

'What I would hope is that the space for dialogue is not interpreted as a space for waiting to protect the court,' Zavala Giler said, speaking on the eve of a visit by Kallas to the court's headquarters.

The court has spent six months moving away from U.S. technology providers to an open-source software environment, and 20 months making its financial transactions 'dollar-proof.' That meant ensuring no U.S. person, bank or currency was involved in any payment. 'We made all of our staff members have European bank accounts. It was a very detailed process that we had to do, person by person, company by company, making sure that the contracts were in euros,' Zavala Giler said. The court also reduced the number of banks it works with to only a few, since few institutions are comfortable handling dollar-proof transactions.

Zavala Giler described the current sanctions carveout for telecommunications as 'a sort of Damocles sword on top of our head that could be revoked at any time.' He added: 'I cannot count on U.S. tech companies anymore.'

The registrar said the situation was likely to worsen without clear guidance from EU countries and the Commission. 'If the International Criminal Court cannot transact in Europe, in euros within the SEPA zone with no U.S. nexus, then there is a bigger question about European financial sovereignty,' he said.

The court has long called on the EU to use a blocking statute. The European Parliament, which awarded the court its human rights Sakharov Prize on Thursday, has backed the request. So far, the Commission has taken a cautious approach, choosing dialogue with the U.S. as a way of 'buying time,' as an EU diplomat put it. At their summit last week, EU heads of state and government backed Brussels' diplomatic effort while also committing to support the court.

As an intermediate step, Zavala Giler suggested the use of 'comfort letters' reassuring firms they should not comply with the U.S. measures. He stressed that uncertainty had already created 'an enormous chilling effect' on NGOs that work with the court on victim reparations and assistance. 'They don't know if they have the legal protections or not, to continue supporting the work of the court,' he said.

The registrar's office overlooks the court's compound, where the trial of former Philippine President Rodrigo Duterte over alleged crimes against humanity is due to begin next month.

Analysis

Why This Matters

The ICC relies on EU-based financial systems and tech infrastructure; if sanctions force it to stop functioning effectively, it could affect ongoing investigations and trials, including the upcoming Duterte case.
The EU's response will test its ability to shield institutions from U.S. extraterritorial sanctions and assert European financial sovereignty.
Without clear guidance, companies and NGOs may withdraw support, crippling the court's operations and its ability to provide justice for victims.

Background

The U.S. has long opposed the ICC's jurisdiction over American personnel. In 2020, the Trump administration imposed visa bans and asset freezes on court officials, which were lifted by the Biden administration in 2021 but reinstated and expanded under Trump's return. The EU has a blocking statute mechanism designed to counter U.S. sanctions against Iran and Cuba, but it has never been activated for the ICC. The court moved to reduce its exposure to U.S. technology and banking after the initial sanctions wave, but continues to face uncertainty about future compliance obligations.

Key Perspectives

Osvaldo Zavala Giler (ICC Registrar): The court needs immediate clarity and protection. He argues the blocking statute is necessary to assert at least the eurozone as a space free from unilateral U.S. sanctions, and he warns that current 'dialogue' may be a delay tactic that leaves the court vulnerable. EU Commission and member states: They have taken a cautious approach, preferring diplomatic engagement with Washington. An EU diplomat described this as 'buying time.' The Commission has not activated the blocking statute, and officials have not yet issued comfort letters or clear guidance. EU Parliament and other supporters: Dozens of lawmakers have backed the call for a blocking statute. The Parliament awarded the ICC the Sakharov Prize, signalling strong political support, but it does not have direct authority over sanctions policy.

What to Watch

Whether the European Commission issues 'comfort letters' or other guidance before the April 2026 deadline for full sanctions effect.
Whether EU leaders push the Commission to activate the blocking statute, or whether the diplomatic approach leads to any carveouts from Washington.
How ICC operations, particularly the Duterte trial, are affected as the sanctions deadline approaches.

Sources

Top ICC official urges EU to act ‘as soon as possible’ on US sanctions · Politico Europe

Checked

12 claims in this story checked against 1 source: 10 supported.

Show each claim

SupportedThe ICC registrar urged the EU to act “as soon as possible” on U.S. sanctions.Politico Europe: “The European Commission should act “as soon as possible” to give clear guidance on U.S. sanctions against the International Criminal Court”
Partly supportedThe summary says Brussels’ lack of guidance is threatening the court’s operations and creating a chilling effect on NGOs.Politico Europe: “That situation is likely to worsen without clear guidance from EU countries and the Commission.”
Partly supportedThe Trump administration first targeted ICC prosecutors and judges in February 2025, then announced blanket sanctions on October 9; the measures would take full effect in April 2026.Politico Europe: “The Trump administration targeted prosecutors and judges from the court first in February 2025 before announcing blanket sanctions on Oct. 9 this year. The new sanctions are set to take effect in April next year.”
SupportedKaja Kallas told the European Parliament on Tuesday that Brussels would use the next few months “to open dialogue” on the issue.Politico Europe: “Kallas told the European Parliament on Tuesday that Brussels would use the next few months “to open dialogue” on the issue.”
SupportedThe court spent six months moving away from U.S. technology providers and 20 months making its financial transactions dollar-proof.Politico Europe: “the Court spent six months abandoning U.S. tech providers and moving to an open-source software environment, and 20 months to make its financial transactions dollar-proof.”
SupportedGiler said the court gave all staff members European bank accounts and moved contracts into euros.Politico Europe: ““We made all of our staff members have European bank accounts. It was a very detailed process that we had to do, person by person, company by company, making sure that the contracts were in euros,””
SupportedGiler described the telecommunications carveout as a “sort of Damocles sword” that could be revoked at any time and said he could no longer count on U.S. tech companies.Politico Europe: ““It becomes a sort of Damocles sword on top of our head that could be revoked at any time,” Zavala Giler said. “I cannot count on U.S. tech companies anymore.””
SupportedGiler said that if the ICC cannot transact in Europe, in euros within SEPA, without a U.S. nexus, it raises a question about European financial sovereignty.Politico Europe: ““if the International Criminal Court cannot transact in Europe, in euros within the SEPA zone with no U.S. nexus, then there is a bigger question about European financial sovereignty.””
SupportedThe Commission has taken a cautious approach, with an EU diplomat describing dialogue with the U.S. as “buying time.”Politico Europe: “So far, however, the Commission has taken a cautious approach, choosing dialogue with the U.S. as a way of “buying time,” as a EU diplomat put it to POLITICO.”
SupportedGiler suggested “comfort letters” reassuring firms that they should not comply with the U.S. measures.Politico Europe: “As an intermediate step, the registrar suggested the use of “comfort letters” reassuring firms that they should not comply with the U.S. measures.”
SupportedGiler said uncertainty had created an “enormous chilling effect” on NGOs working with the court, and that they did not know whether they had legal protections to continue supporting its work.Politico Europe: ““This has created an enormous chilling effect,” he said. “They don’t know if they have the legal protections or not, to continue supporting the work of the court.””
SupportedThe trial of former Philippine President Rodrigo Duterte over alleged crimes against humanity is due to begin next month.Politico Europe: “In one of these buildings, the trial of former Philippine President Rodrigo Duterte over alleged crimes against humanity is due to begin next month.”