The Netherlands Is Dismantling the International Criminal Court

Diplomatic sources cited in the account say the Netherlands is negotiating with the United States over changes that could sharply curtail the International Criminal Court’s authority. Three possible restrictions are described: immunity for heads of state and government; barring prosecutions of citizens of countries that have not joined the Rome Statute, even when alleged crimes occur in a member state; and preventing ICC cases whenever domestic law nominally covers the offence. The second change could block cases involving Israeli officials over alleged crimes in Palestine, which has joined the treaty, while the third could let a state avoid ICC scrutiny simply by having relevant laws on its books, even if it does not investigate or prosecute. The account argues that these changes would hollow out the Court’s central powers.

The reported negotiations are presented as a response to US sanctions targeting the ICC and 13 of its judges and prosecutors, imposed largely over its Palestine investigation and arrest warrants for Benjamin Netanyahu and Yoav Gallant. Further sanctions scheduled for April 2027 could cripple the Court. Although EU rules can require European entities to disregard US sanctions, governments are wary of exposing banks and businesses to retaliation; the Netherlands is therefore said to be considering concessions to ease the pressure. Any amendments would require approval by two-thirds of Rome Statute members and ratification by seven-eighths. The Dutch Foreign Ministry denied that concrete proposals are before the assembly, while saying states are discussing dialogue with non-member countries and remain committed to the Court’s independence and effective functioning.