Production: By Europod, in co-production with Sphera Network.
EUobserver is proud to have an editorial partnership with Europod to co-publish the podcast series “Briefed” hosted by Léa Marchal. The podcast is available on all major platforms.
The US president keeps putting pressure on the EU.
Whether it’s sanctions against International Criminal Court judges or threats of tariffs, Donald Trump is using coercion to sway European decisions.
So what is the EU doing to protect its independence from American pressure?
Donald Trump’s message is clear: anyone who challenges American interests—or those of its close allies—will pay the price.
Last year, he sanctioned six judges and three prosecutors from the International Criminal Court, the ICC. Their crime? Having contributed to the issuance of an arrest warrant for Israeli prime minister Benjamin Netanyahu. Because this move did not sit well with the White House.
The US then went further, sanctioning former European Commissioner Thierry Breton and four representatives of European NGOs. They are accused of harming American tech companies by advocating for stricter EU digital regulations.
The consequences are significant: those sanctioned can no longer travel to the United States. The judges have even been blocked from using certain services operated by American companies.
Nicolas Guillou, an ICC judge, is one of those sanctioned. He recently told the press how he lost access to his Mastercard and Visa, and can no longer use platforms like Airbnb or certain delivery services.
Why is this a matter of European sovereignty?
By sharing his personal story, Nicolas Guillou is warning Europeans about their vulnerability.
At the moment, there is no credible European alternative for making international payments worldwide. It is even worse than that: some European banks have reportedly banned sanctioned individuals from their services, fearing US retaliation.
The impact is so significant that Guillou worries about the effect on judges and prosecutors, who are supposed to operate independently.
He can count on the support of French president [Emmanuel] Macron. Just days ago, he sent a letter to Donald Trump, demanding that the sanctions against Guillou and Breton be lifted. Emmanuel Macron argues that these measures undermine judicial independence and the mandate of the International Criminal Court, as he wrote in the letter to Trump, that several French media outlets obtained.
Even earlier, Belgium and Slovenia had called on the EU to activate a tool called the “blocking statute”, a legal shield to neutralise the effect of US sanctions.
So what exactly is this blocking statute, and why hasn’t the EU activated it yet?
The blocking statute is a tool the EU can use to protect Europeans from the extraterritorial reach of sanctions imposed by third countries.
For example, when the US sanctioned Iran and Cuba in the 1990s, activating the blocking statute allowed European companies to continue trading with those countries, by effectively cancelling out the American ban.
In the specific case of the judges, US sanctions apply beyond American borders, making the tool relevant.
So why hasn’t the European Commission taken action?
As is often the case in transatlantic relations, the Commission prefers diplomacy. It wants to avoid escalating tensions and hopes that, through dialogue, the Americans will lift their sanctions.
Commission spokespeople say the institution takes the fate of sanctioned individuals very seriously and remains deeply committed to the issue.
Off the record, European officials and diplomats admit the situation is delicate. Any European countermeasure against Trump could lead to further escalation, which is in no one’s interest.
And since the 27 EU member states aren’t pushing to activate the blocking statute, the Commission has no good reason to bring it up.
For now, the Commission believes its best course of action is to explore ways to support those affected. And it starts by boosting European autonomy in critical tech sectors, such as payment services.