Sakharov Prize for the ICC: Europe honours the Court, now it must protect it

The European Parliament has chosen its side. On Thursday 22 October, its President Roberta Metsola announced that the 2026 Sakharov Prize for Freedom of Thought had been awarded to the International Criminal Court (ICC) and its officials, following a decision by the conference of presidents of the political groups. According to the website Brussels Signal, the award, worth 50,000 euros, will be presented in Strasbourg on 16 December. Mediapart sees it as "a victory" against Donald Trump, and reports that members of the court will address MEPs in December.

The facts

The timing is anything but trivial. On 9 October, as JusticeInfo reports, Washington crossed a threshold by sanctioning the ICC as an institution, and no longer only some of its judges and prosecutors. The measures ban any financial transaction with the Court and are due to take effect within 180 days, unless an agreement is reached in the meantime. Secretary of State Marco Rubio called the court a "rogue tribunal". The Court replied that this was an attack on the rule of law.

According to La Libre Belgique, the American conditions for dropping the sanctions are known: cancel the arrest warrants targeting Israeli officials, close the investigation into possible crimes by the US military and the CIA, and reform the Court to prevent prosecutions of nationals of states that have not ratified the Rome Statute. The same newspaper reports that the ICC has already paid its staff several months of salary in advance, for fear that banks might reduce their services.

France is directly concerned. French judge Nicolas Guillou is among the magistrates already sanctioned, the Ministry for Europe and Foreign Affairs recalls. On 9 October, Paris "firmly" condemned the new measures and said it was ready to use, with its partners, the European blocking regulation "if necessary".

The positions

In the European Parliament, the ICC's candidacy was put forward by the Social Democrats, at the initiative of French MEP Chloé Ridel, and backed by the liberals of Renew, the Greens and the radical left, according to Brussels Signal. The European People's Party and the ECR conservatives supported another finalist, the jailed Tanzanian opposition leader Tundu Lissu, while the Patriots for Europe backed the Iranian sisters Taraneh and Romina Rahimi. This choice was not illegitimate: these candidates also embody the struggle for freedom, and Roberta Metsola paid tribute to them. Several EPP members, such as the Dutch MEP Dirk Gotink quoted by NL Times, also welcomed the prize as support in the face of the American offensive.

The European Union is built on respect for multilateralism and international institutions — Roberta Metsola

Washington's argument must also be heard. The United States has never joined the Court and refuses to let it try its nationals or those of allies that have not joined it, such as Israel. The legal scholar Olivier Corten, quoted by La Libre, believes that negotiation remains preferable to confrontation, provided red lines are set. He notes that Washington partly tolerates the Court's work, since it did not oppose the arrest warrant targeting Vladimir Putin.

The analysis

A prize is a symbol, and symbols matter. But the ICC will not survive on applause. The real test lies with the European Commission, which, according to La Libre, considers the sanctions "deeply regrettable" but has not activated the blocking regulation and is betting on dialogue until April. This mechanism would forbid European banks, insurers and companies from applying the American sanctions targeting the Court. The Dutch Foreign Minister, Tom Berendsen, sees it as a "nuclear option", while asking Brussels to prepare it. On 13 October, 58 MEPs from four groups, led by Aurore Lalucq and Dirk Gotink, called for its immediate activation, according to Le Courrier de l'Atlas.

Brussels' caution is understandable: no one wants to open a new front with Washington in the middle of the war in Ukraine. But sovereignty cannot be divided. If a foreign capital can decide which courts European banks are allowed to serve, the strategic autonomy Europe claims is just a word. The Gaullist tradition has always known this: one can be an ally of the United States without being beholden to it.

The stakes go beyond the transatlantic relationship. According to Human Rights Watch, the Court is working on seventeen situations, from Ukraine to Darfur, from Afghanistan to Myanmar, as well as Palestine. Weakening the ICC means depriving victims who have no other recourse. It also means ruining Europe's credibility: one cannot demand that Vladimir Putin answer for his actions and let the court that indicted him be starved.

Conclusion

The Sakharov Prize offers Europe a moment of clarity. France, which helped found the Court and one of whose judges is already sanctioned, should propose that the blocking regulation be ready to apply automatically when the American deadline expires, while giving negotiation a chance. The head of European diplomacy, Kaja Kallas, was expected in The Hague on 23 October to reaffirm the Union's support, according to Brussels Signal. The question remains open: will Europe be able to protect international justice with something other than medals?

Article written with the help of artificial intelligence.