The reason the Netherlands is said to be negotiating on this matter are the sanctions imposed by the US against thirteen judges and prosecutors, and against the ICC as a whole. This was done primarily in retaliation for the Court’s investigation into Israeli crimes in Palestine, and the resulting arrest warrants for Netanyahu and Gallant. The undermining of the International Criminal Court by the US and Israel has now been going on for almost twelve years.

The Court has been on the US sanctions list since 9 October. However, a number of sanctions will not come into force until 7 April 2027. These would largely paralyse the institution, leaving the European Union with virtually no choice but to activate the far-reaching blocking mechanism. This law obliges European parties to disregard US sanctions and to continue supplying services and goods to the Court and its staff.

The EU, and EU countries like the Netherlands, are, however, reluctant to activate the mechanism due to the consequences it could have for European businesses. For instance, European banks that disregard the US sanctions might find it much more difficult to do business in the US – or could face sanctions themselves.