US attacks on the international rule of law: will the EU do anything?
Topic
Country/Region
23 October 2025
Last week, the Slovenian government called on EU justice ministers to “protect the international rule of law and justice system,” which is facing US sanctions due to attempts to bring Israel officials to justice for crimes committed in Gaza. The discussion has now apparently been taken from the EU Justice and Home Affairs Council to “other Council formations.” Whether any practical steps will follow remains to be seen.
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Image: European Union
Slovenian call to defend “those who serve justice”
At last week’s Justice and Home Affairs (JHA) Council meeting, the Slovenian government called for the EU to “to stand united in defending those who serve justice on behalf of the international community.”
The statement came in response to US government sanctions against the International Criminal Court (ICC) and Francesca Albanese, the UN Special Rapporteur on human rights in the occupied Palestinian territories.
The US government has also sanctioned Palestinian human rights organisations for engaging with the ICC in its proceedings against Benjamin Netanyahu and Yoav Gallant.
Netanyahu and Gallant are wanted by the ICC for war crimes and crimes against humanity in relation to the Israeli army’s actions in Gaza since October 2023.
On and off the record
The public record of last week’s JHA Council meeting offers little insight, only saying: “Slovenia provided information regarding the sanctions taken by the US against the International Criminal Court and human rights rapporteurs of the UN.”
However, the Slovenian delegation did not simply “provide information.”
This much is clear from the document circulated by the Slovenian government prior to the meeting, which was published by Statewatch.
The document includes a clear demand for “a dedicated Council discussion to examine how to protect the international rule of law and justice system.”
What happens next?
Statewatch asked the Council of the EU’s press office what was said during the discussion raised by Slovenia, and what conclusions were reached.
The response, from an unnamed EU official, was that:
Slovenia expressed its concern about the U.S. sanctions against certain members of the ICC. Slovenia called for a coordinated EU response.
Several member states expressed support for the call by Slovenia.
The presidency concluded that this issue should be further examined, and stated that it would contact the relevant counterparts in other Council formations.
Whether this will lead to any meaningful action remains to be seen.
Many observers have argued that Israel’s destruction of the Gaza strip has effectively demolished the so-called “rules-based international order.”
In a February 2024 blog for Amnesty International, Sebastian Platón wrote:
Although there were rehearsals for events in Gaza that showed extreme disregard of international law, the war there may well signal a curtain call. The risk of genocide, the gravity of the violations being committed, and the flimsy justifications by elected officials in Western democracies warn of a change of eras. The rules-based order that has governed international affairs since the end of World War II is on its way out, and there may be no turning back.
Many are likely to see the EU as either unwilling or unable to help maintain or rescue that order.
The US has now killed dozens of people in military strikes against alleged “narco-terrorists” in the Caribbean and the Pacific. The EU has said nothing.
Meanwhile, in the two years since October 2023, the EU has slowly moved from enthusiastic support for Israel’s actions, to mild condemnation.
Now, things may be going back to 'normal'. Talks on proposals for sanctions against Israel have been halted.
Commenting on that decision, Kaja Kallas, the EU’s foreign policy chief, said: “The ceasefire has changed the context, that is very clear for everybody.”
Yet US sanctions against the ICC, UN officials, and human rights organisations continue – and the EU has not even publicly condemned it, let alone taken any visible action.
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Further reading
US sanctions against Palestinian groups must be immediately withdrawn, say 80 organisations
United States sanctions against three Palestinian human rights organisations have been condemned by 80 organisations, including Statewatch. The US government has frozen the financial assets of Al-Haq, Al-Mezan Center for Human Rights, and the Palestinian Centre for Human Rights. Organisations subject to US jurisdiction are prevented from engaging in transactions with them. The open letter calls on the US government to "immediately rescind the sanctions."
Slovenia demands EU reponse to US attacks on judicial indepencence and the rule of law
The Slovenian government wants EU justice and interior ministers to discuss "how to protect the international rule of law and justice system" in the face of "continued targeting of international judicial and human rights mandate holders by U.S. sanctions." A document obtained by Statewatch requests a discussion at the Justice and Home Affairs Council meeting next week.
Participants in Israeli "counter-terrorism" summit must withdraw
State officials planning to participate in a "counter-terrorism" summit hosted by Reichman University in Israel must withdraw, says a statement signed by more than 50 organisations, including Statewatch. The statement says that participation in the event is "particularly unconscionable at a time when, just 80 kilometres away, over two million Palestinians are subjected to constant bombardment and mass starvation."
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