European legal profession calls on EU to protect the International Criminal Court

Protection of judges and lawyers 

The Netherlands Bar shares these concerns. The sanctions and increasing political pressure affect not only the International Criminal Court as an institution, but also judges, staff, lawyers, defendants and victims involved in ICC proceedings. This puts fundamental rule-of-law principles under pressure, including the right to a fair trial and access to international legal protection. 

An important element of the CCBE statement is the position of lawyers and other legal professionals working for the ICC. Their protection is a non-negotiable component of the rule of law. If lawyers risk sanctions, intimidation or other forms of pressure because of their involvement in proceedings before the Court, effective access to justice is jeopardised. 

Call to the European Union and Member States 

In its statement, the CCBE calls on the European Union and EU Member States to actively defend the independence, authority and legitimacy of the International Criminal Court. States and international organisations must not only support the Court in words, but also actively defend it when its very existence is called into question. 

The CCBE makes several recommendations to this end. In the short term, it calls, among other things, for protection and support for ICC judges and staff, active political support for the Court and measures to neutralise the negative effects of the sanctions. This includes safeguards to ensure that the ICC can continue to exercise its mandate free from external pressure and interference. The CCBE also calls for clear guidance for European companies and institutions, so that they can continue their cooperation with the ICC and avoid imposing restrictions that go beyond what is necessary under European law. 

In the longer term, the CCBE points to the need to reduce the dependence of European institutions on foreign digital infrastructure and financial service providers. According to the organisation, the current situation shows how vulnerable international institutions can become when essential services are influenced by measures taken by third countries.

The Netherlands Bar underlines the importance of a strong and unified European response to measures that obstruct the functioning of international courts and tribunals. In this context, the Netherlands Bar calls on the Minister of Foreign Affairs to actively advocate within the European Union for an effective European response to measures that undermine the functioning of the Court.

Special responsibility for the Netherlands

For the Netherlands, the pressure on the International Criminal Court has an additional dimension. As host country to several international judicial institutions, the Netherlands has a special responsibility to protect independent international justice.

The Netherlands Bar also stands firmly for the independence of the ICC and for the protection of judges, staff and lawyers involved in international justice. With this in mind, the President of the Netherlands Bar, accompanied by a delegation from the Netherlands Bar, visited the ICC on 15 June last month to discuss developments concerning the Court and the consequences of the US sanctions.

Together with European and international partners, the Netherlands Bar will continue its efforts to protect the rule of law, the independence of international justice and the proper functioning of international judicial institutions. The Netherlands Bar will also closely monitor that lawyers acting in ICC proceedings remain protected against intimidation and indirect pressure.