THE HAGUE — The European Commission should act “as soon as possible” to give clear guidance on U.S. sanctions against the International Criminal Court, its top administrative official told POLITICO in an interview. Osvaldo Zavala Giler, who oversees the day-to-day functioning of the Hague-based court as the institution's registrar, said his job became “preparing for sanctions” as the White House imposed an escalating regime of restrictions against it. The Trump administration targeted prosecutors and judges from the court first in February 2025 before announcing blanket sanctions on Oct. 9 this year.
The EU has repeatedly backed the Court against Washington, but it has resisted calls to activate a mechanism that would forbid firms from complying with U.S. laws. That has agonized senior figures in The Hague. Zavala Giler said the Commission's "lack of clarity" left private companies and NGOs in the dark over whether they should comply with sanctions decided by Washington — and what risks they face if they don't.
Zavala Giler's call to the Commission adds to pressure from EU lawmakers for a swift response after the Oct. 9 announcement. Kallas told the European Parliament on Tuesday that Brussels would use the next few months "to open dialogue" on the issue. The new sanctions are set to take effect in April next year.
"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, who spoke from his glass office on the eve of a visit to the Court’s headquarters by the EU’s top diplomat, Kaja Kallas. Anticipating sweeping sanctions, 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. That move has been a huge undertaking for Zavala Giler's team, he said.
The Court initially deepened its reliance on U.S. technology after it was hit by a massive cyber attack in 2023, but what seemed a solution at that time became a problem in the face of sanctions. Even though the current regime includes a carveout for telecommunications, there is no guarantee it will remain the case. "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." U.S. platforms operate as entire ecosystems, offering all-encompassing solutions under a single contract. To do without them, “you need to start creating your own architecture and systems that need to speak to each other,” the registrar said. Financial autonomy was equally hard to achieve.
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