Copyright European Union, 2025.
By Jorge Liboreiro
Published on 06/06/2025 -
Slovenia has asked Brussels to intervene after the US targeted one of its nationals, Judge Beti Hohler, as part of new sanctions against the ICC.
The European Union has roundly deplored the United States for sanctioning four judges of the International Criminal Court (ICC), including one citizen from the bloc, Slovenia's Beti Hohler, further deepening the divide between transatlantic allies.
The sanctions, which also target nationals from Benin, Uganda and Peru, were announced on Thursday by US Secretary of State Marco Rubio, who said the decision was based on the court's "baseless and politicised" investigations of war crimes allegedly committed by US forces in Afghanistan and Israel in the Gaza Strip.
The second probe led to arrest warrants on Israel's Prime Minister Benjamin Natayanhu and former Defence Minister Yoav Gallant. Judge Hohler ruled in favour of the orders.
As a result of the measures, the four judges will be unable to access their property and assets on US soil and will be blocked from making transactions with American entities. The bans risk hindering the magistrates' ability to perform their day-to-day work.
"We call on our allies to stand with us against this disgraceful attack," Rubio said.
Rubio's call was met with the opposite reaction: emphatic support for the Hague-based tribunal and forceful rejection of the sanctions.
"The ICC holds perpetrators of the world's gravest crimes to account & gives victims a voice. It must be free to act without pressure," said Ursula von der Leyen, the president of the European Commission.
"We will always stand for global justice & the respect of international law."
António Costa, the president of the European Council, voiced a similar message.
"The EU strongly supports the International Criminal Court, a cornerstone of international justice," Costa wrote on social media.
The ICC "does not stand against nations—it stands against impunity. We must protect its independence and integrity. The rule of law must prevail over the rule of power."
High Representative Kaja Kallas stressed the ICC "must remain free from pressure and true to its principles."
The Netherlands, which serves as the host country for the ICC, also expressed strong condemnation, stressing the tribunal's work must remain "as unhindered as possible".
"The Netherlands disapproves of the new sanctions against officials of the International Criminal Court," said Dutch Foreign Minister Caspar Veldkamp.
"Independent international courts and tribunals must be able to carry out their work without hindrance. We stand firmly behind the Court."
Extraterritorial effects
Rejecting outside "pressure on judicial institutions", the Slovenian government said it would provide Judge Beti Hohler with "all necessary support in the performance of her mandate in the current situation".
The country called on Brussels to immediately activate the so-called blocking statute, a decades-long regulation meant to protect EU individuals and companies from the extraterritorial application of sanctions by non-EU countries.
The law was introduced in reaction to the sanctions that Washington introduced in 1996 against Cuba, Iran and Libya, which had ripple effects on European operators that engaged in legitimate trade with the three countries, particularly Cuba.
The blocking statute came back to the fore in 2018, when the first Donald Trump administration withdrew from the Iran nuclear deal, reintroduced sanctions that had been previously lifted and threatened to punish companies for doing business with Tehran, regardless of their geographic location or ownership.
Although Brussels tried to mitigate the damaging impact of these secondary sanctions, many European companies voluntarily cut off relations with Iran out of fear of losing access to America's highly profitable, dollar-based market.
A Commission spokesperson said the executive would "closely monitor the implications before we decide on any next steps", such as the activation of the blocking statute, which is the Commission's prerogative but depends on a qualified majority among member states. "We have to take one step at a time," the spokesperson said.
In a statement, the ICC insisted it would "continue its work undeterred, in strict accordance with the Rome Statute and the principles of fairness and due process".
"Targeting those working for accountability does nothing to help civilians trapped in conflict. It only emboldens those who believe they can act with impunity," it said.
"These sanctions are not only directed at designated individuals, they also target all those who support the Court, including nationals and corporate entities of States Parties. They are aimed against innocent victims in all situations before the Court."
The US, which is not a party to the 1998 Rome Statute, has long had tense relations with the ICC, viewing with suspicion its ability to conduct probes into nationals around the world. The arrest warrant against Netanyahu was met with bipartisan condemnation in Washington and prompted a renewed assault by the Trump administration.
Earlier this year, Hungary openly defied the ICC by ignoring the warrant and inviting Netanyahu to Budapest. Hungary later announced its intention to withdraw from the Rome Statute, becoming the first member state to do so.
This article has been updated with more reactions.
Rubio, Trump Accused of Criminal Obstruction for Sanctioning ICC Judges
"Sanctioning ICC judges for doing their work on behalf of justice is a flagrant attack on the rule of law," said one critic.
"Sanctioning ICC judges for doing their work on behalf of justice is a flagrant attack on the rule of law," said one critic.
U.S. Secretary of State Marco Rubio speaks during a June 3, 2025 event in Washington, D.C.
(Photo: Saul Loeb/AFP via Getty Images)
Brett Wilkins
Jun 06, 2025
COMMON DREAMS
Human rights defenders on Friday accused U.S. President Donald Trump and Secretary of State Marco Rubio of criminal obstruction after Rubio announced sanctions targeting four International Criminal Court judges who authorized an investigation into torture allegations against American troops in Afghanistan and arrest warrants for fugitive Israeli Prime Minister Benjamin Netanyahu.
Rubio sanctioned International Criminal Court Judges Solomy Balungi Bossa of Uganda, Luz del Carmen Ibáñez Carranza of Peru, Reine Adelaide Sophie Alapini Gansou of Benin, and Beti Hohler of Slovenia "pursuant to President Trump's Executive Order 14203." The order was issued in February and sanctioned ICC Prosecutor Karim Khan and accused the Hague-based tribunal of "baseless actions targeting America and our close ally Israel."
"Have Marco Rubio's State Department lawyers read him Article 70 of the Rome Statute on obstruction of justice?"
"These four individuals have actively engaged in the ICC's illegitimate and baseless actions targeting America or our close ally, Israel," Rubio added. "The ICC is politicized and falsely claims unfettered discretion to investigate, charge, and prosecute nationals of the United States and our allies."
Two of the sanctioned judges authorized a probe of U.S. war crimes in Afghanistan. The other two green-lighted warrants for the arrest of Netanyahu and Yoav Gallant, his former defense minister, for alleged war crimes and crimes against humanity in Gaza, including weaponized starvation and the murder of Palestinians—at least 54,607 of whom have been killed since Israel began its assault and siege of Gaza following the October 7, 2023 Hamas-led attack, according to the Gaza Health Ministry.
The ICC's Assembly of State Parties—the court's governing body—said in a statement Friday that the U.S. sanctions are a "regrettable" effort to "impede the court and its personnel in the exercise of their independent judicial functions.
Kenneth Roth, a professor at the Princeton School of Public and International Affairs and former director of Human Rights Watch, on Friday accused Trump and Rubio of "obstructing justice under Article 70 of the Rome Statute," the treaty establishing and governing the ICC.
Christoph Safferling, director of the International Nuremberg Principles Academy—a Germany-based foundation "dedicated to the advancement of international criminal law and related human rights"— said Friday that 80 years after the the Nuremberg Trials of Nazi war criminals, "obstructing the ICC is an affront to the commitment to justice and the rule of law."
"The court carries forward this legacy and calls for our steadfast support in the fight against impunity," Safferling added.
United Nations High Commissioner for Human Rights Volker Türk said Friday that he was "profoundly disturbed" by the U.S. sanctions.
"Attacks against judges for performance of their judicial functions, at national or international levels, run directly counter to respect for the rule of law and the equal protection of the law—values for which the U.S. has long stood," Türk added.
European Commission President Ursula von der Leyen said the European Union "deeply regrets" the Trump administration's move.
Slovenia's Foreign Ministry said that "Slovenia regrets the announced sanctions by the U.S. government against four judges of the International Criminal Court, including a judge from Slovenia," and "rejects pressure on judicial institutions and influence on judicial operations."
"Courts must act in the interests of law and justice," the ministry continued. "In the current situation we will support the judge, who is a Slovenian citizen in carrying out her mandate." Due to the inclusion of an E.U. member state on the sanctions list, Slovenia will propose the immediate activation of the blocking act."
The E.U.'s blocking statute is meant to protect businesses in the 27-nation bloc from adverse consequences of foreign—particularly U.S.—sanctions.
During the first Trump administration, former Secretary of State Mike Pompeo sanctioned then-ICC Prosecutor Fatou Bensouda and Prosecution Jurisdiction Division Director Phakiso Mochochoko for investigating U.S. war crimes in Afghanistan. This, even after the ICC Pre-Trial Chamber II announced it would not grant a request by Bensouda to open an investigation into the alleged torture of prisoners held in U.S. military and secret CIA prisons in Afghanistan, Poland, Romania, and Lithuania.
In 2021, Khan angered human rights defenders by announcing he was seeking approval to resume an investigation into potential war crimes in Afghanistan committed by the Taliban and the Islamic State—but would exclude alleged crimes perpetrated by U.S. forces.
U.S. and Israeli officials often note that neither country is a party to the Rome Statute. However, the court has affirmedr its jurisdiction "in relation to crimes committed on the territory of Palestine, including Gaza," as well as "over crimes committed by Palestinian nationals inside or outside Palestinian territory."
Human rights defenders on Friday accused U.S. President Donald Trump and Secretary of State Marco Rubio of criminal obstruction after Rubio announced sanctions targeting four International Criminal Court judges who authorized an investigation into torture allegations against American troops in Afghanistan and arrest warrants for fugitive Israeli Prime Minister Benjamin Netanyahu.
Rubio sanctioned International Criminal Court Judges Solomy Balungi Bossa of Uganda, Luz del Carmen Ibáñez Carranza of Peru, Reine Adelaide Sophie Alapini Gansou of Benin, and Beti Hohler of Slovenia "pursuant to President Trump's Executive Order 14203." The order was issued in February and sanctioned ICC Prosecutor Karim Khan and accused the Hague-based tribunal of "baseless actions targeting America and our close ally Israel."
"Have Marco Rubio's State Department lawyers read him Article 70 of the Rome Statute on obstruction of justice?"
"These four individuals have actively engaged in the ICC's illegitimate and baseless actions targeting America or our close ally, Israel," Rubio added. "The ICC is politicized and falsely claims unfettered discretion to investigate, charge, and prosecute nationals of the United States and our allies."
Two of the sanctioned judges authorized a probe of U.S. war crimes in Afghanistan. The other two green-lighted warrants for the arrest of Netanyahu and Yoav Gallant, his former defense minister, for alleged war crimes and crimes against humanity in Gaza, including weaponized starvation and the murder of Palestinians—at least 54,607 of whom have been killed since Israel began its assault and siege of Gaza following the October 7, 2023 Hamas-led attack, according to the Gaza Health Ministry.
The ICC's Assembly of State Parties—the court's governing body—said in a statement Friday that the U.S. sanctions are a "regrettable" effort to "impede the court and its personnel in the exercise of their independent judicial functions.
Kenneth Roth, a professor at the Princeton School of Public and International Affairs and former director of Human Rights Watch, on Friday accused Trump and Rubio of "obstructing justice under Article 70 of the Rome Statute," the treaty establishing and governing the ICC.
Christoph Safferling, director of the International Nuremberg Principles Academy—a Germany-based foundation "dedicated to the advancement of international criminal law and related human rights"— said Friday that 80 years after the the Nuremberg Trials of Nazi war criminals, "obstructing the ICC is an affront to the commitment to justice and the rule of law."
"The court carries forward this legacy and calls for our steadfast support in the fight against impunity," Safferling added.
United Nations High Commissioner for Human Rights Volker Türk said Friday that he was "profoundly disturbed" by the U.S. sanctions.
"Attacks against judges for performance of their judicial functions, at national or international levels, run directly counter to respect for the rule of law and the equal protection of the law—values for which the U.S. has long stood," Türk added.
European Commission President Ursula von der Leyen said the European Union "deeply regrets" the Trump administration's move.
Slovenia's Foreign Ministry said that "Slovenia regrets the announced sanctions by the U.S. government against four judges of the International Criminal Court, including a judge from Slovenia," and "rejects pressure on judicial institutions and influence on judicial operations."
"Courts must act in the interests of law and justice," the ministry continued. "In the current situation we will support the judge, who is a Slovenian citizen in carrying out her mandate." Due to the inclusion of an E.U. member state on the sanctions list, Slovenia will propose the immediate activation of the blocking act."
The E.U.'s blocking statute is meant to protect businesses in the 27-nation bloc from adverse consequences of foreign—particularly U.S.—sanctions.
During the first Trump administration, former Secretary of State Mike Pompeo sanctioned then-ICC Prosecutor Fatou Bensouda and Prosecution Jurisdiction Division Director Phakiso Mochochoko for investigating U.S. war crimes in Afghanistan. This, even after the ICC Pre-Trial Chamber II announced it would not grant a request by Bensouda to open an investigation into the alleged torture of prisoners held in U.S. military and secret CIA prisons in Afghanistan, Poland, Romania, and Lithuania.
In 2021, Khan angered human rights defenders by announcing he was seeking approval to resume an investigation into potential war crimes in Afghanistan committed by the Taliban and the Islamic State—but would exclude alleged crimes perpetrated by U.S. forces.
U.S. and Israeli officials often note that neither country is a party to the Rome Statute. However, the court has affirmedr its jurisdiction "in relation to crimes committed on the territory of Palestine, including Gaza," as well as "over crimes committed by Palestinian nationals inside or outside Palestinian territory."
Responding to the U.S. sanctions, Amnesty International secretary general Agnès Callamard said Friday that "this is an attack against international justice and the fight against impunity."
"Governments who believe in a rule-based order must take all necessary measures to protect the four judges against the impact of the sanctions," she continued. "They must assure the ICC of their full support. They must voice their commitment to the independence and impartiality of the ICC clearly and loudly. They must implement all arrest warrants and support the ICC in all its investigations."
"International justice is a battleground. It has been so from the very beginning," Callamard added. "Victims know so all too well. We will keep fighting and resisting all attempts to derail, undermine, destroy the search for justice and the rule of law."
In April, the ACLU filed a lawsuit in a Maine federal court on behalf of Matthew Smith, co-founder of the human rights group Fortify Rights, and international lawyer Akila Radhakrishnan arguing that Trump's sanctions against Khan violate their First Amendment rights.
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