Digital sovereignty has been much discussed in Europe in recent weeks, most recently during a German-French summit in Berlin. The extent of dependence on the USA in the digital sector is currently being experienced by a French judge. Nicolas Guillou, one of six judges and three prosecutors of the International Criminal Court (ICC), was sanctioned by the USA in August. He described his current situation as a digital time travel back to the 1990s, before the internet age, in a recent interview.
The reason for the US sanctions are the arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. They were indicted for war crimes and crimes against humanity in the context of the destruction of the Gaza Strip. The USA condemned this decision by the court, whereupon the US Treasury Department sanctioned six judges and three prosecutors.
In Guillou's daily life, this means that he is excluded from digital life and much of what is considered standard today, he told the French newspaper Le Monde. All his accounts with US companies such as Amazon, Airbnb, or PayPal were immediately closed by the providers. Online bookings, such as through Expedia, are immediately canceled, even if they concern hotels in France. Participation in e-commerce is also practically no longer possible for him, as US companies always play a role in one way or another, and they are strictly forbidden to enter into any trade relationship with sanctioned individuals.
He also describes the impact on participating in banking as drastic. Payment systems are blocked for him, as US companies like American Express, Visa, and Mastercard have a virtual monopoly in Europe. He also describes the rest of banking as severely restricted. For example, accounts with non-US banks have also been partially closed. Transactions in US dollars or via dollar conversions are forbidden to him.
Guillou's case shows how strong the USA's influence in the tech sector is and how few options he has to circumvent it. And this at a time when an account with a US tech company is considered a matter of course in more and more places.
The French judge advocates for Europe to gain more sovereignty in the digital and banking sectors. Without this sovereignty, the rule of law cannot be guaranteed, he warns. At the same time, he calls on the EU to activate an existing blocking regulation (Regulation (EC) No 2271/96) for the International Criminal Court, which prevents third countries like the USA from enforcing sanctions in the EU. EU companies would then no longer be allowed to comply with US sanctions if they violate EU interests. Companies that violate this would then be liable for damages.
(mki)
