Dutch Foreign Minister Tom Berendsen acknowledged diplomatic talks are taking place with the United States regarding the court, though he noted the Netherlands cannot act unilaterally. The discussions involve potential proposals to grant immunity to heads of state and curb the court's ability to intervene when domestic authorities fail to prosecute. Meanwhile, the court faces financial peril because a temporary six-month American sanctions exemption expires on April 7, threatening to block the institution from transacting in US dollars. Member states are set to gather in The Hague to navigate the crisis amid warnings that appeasing Washington could permanently damage the institution.
Key points
Proposed structural curbs include granting immunity to heads of state and excluding natio…: Proposed structural curbs include granting immunity to heads of state and excluding nationals of non-member states from prosecution.
Formal amendments to the Rome Statute require adoption by a two-thirds majority and ratif…: Formal amendments to the Rome Statute require adoption by a two-thirds majority and ratification by seven-eighths of member states.
Diplomatic sources warned that altering core treaty mandates to appease Washington poses…: Diplomatic sources warned that altering core treaty mandates to appease Washington poses a greater threat to the court than sanctions.
Sources checked by our analysis pipeline: 1
Dutch Foreign Minister Tom Berendsen has declined to rule out the suggestion that discussions are taking place over sweeping restrictions on the International Criminal Court (ICC), following a report that the Netherlands is negotiating with Washington over changes that could severely undermine the court's powers.
Questioned in parliament on Wednesday, Berendsen said diplomatic discussions were taking place but he would not specify whether proposals to shield national leaders and restrict the court's jurisdiction were under consideration.
The exchange followed a report by Dutch rights organisation The Rights Forum, citing anonymous diplomatic sources in New York, that the Netherlands was negotiating restrictions in response to US sanctions.
Hanneke van der Werf MP, from the Democrats 66 party, asked whether discussions included immunity for heads of state and government, excluding nationals of countries outside the court's founding treaty from its jurisdiction, and weakening its ability to intervene when national authorities fail to prosecute.
Berendsen's answers did not confirm the reported proposals, but nor did they answer whether the government would reject them.
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