Dutch foreign minister declines to deny talks are under way on curbing ICC powers

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Dutch foreign minister declines to deny talks are under way on curbing ICC powers Submitted by Sondos Asem on Thu, 11/12/2026 - 14:07 MPs asked minister if Netherlands is…

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.

He told parliament he would send MPs a letter next week setting out the Netherlands’ position for the upcoming Assembly of States Parties, including its diplomatic approach to addressing US sanctions against the court.

"Discussions are currently taking place about the diplomatic track being pursued," Berendsen said.

He added that the Netherlands could not decide the matter alone, because more than 120 member states would potentially have to reach an agreement with the US.

"So the minister is not denying that it is true," Van der Werf responded.

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