In compliance with a Trump executive order, Microsoft has assisted in suspending the email account of Karim Khan, an International Criminal Court (I.C.C.) prosecutor based in the Netherlands, who was investigating allegations of war crimes against Israel.
The executive order, issued in February, targeted the chief prosecutor for his inquiries into Israel's actions, leading to abrupt changes in Microsoft’s relationship with the court, which relies on the company for digital services. Following the order, Microsoft disabled Mr. Khan's I.C.C. email account, preventing him from communicating with colleagues shortly after an arrest warrant was issued for Israeli Prime Minister Benjamin Netanyahu.
This action has raised concerns among European policymakers about the implications of U.S. tech companies’ compliance with American government directives, potentially impacting international relations even with allied nations like the Netherlands. Bart Groothuis, a former cybersecurity head for the Dutch Ministry of Defense, highlighted the need for Europe to bolster its technological sovereignty in light of the incident.
In response to the email suspension, some I.C.C. staff have turned to using Proton, a Swiss encrypted email service, for their communications. Microsoft stated that the decision to suspend Mr. Khan’s email account was made in consultation with the I.C.C. and that the company is implementing policy changes to better protect customers in similar geopolitical scenarios in the future.
Brad Smith, Microsoft’s president, characterized the incident as indicative of a broader decline in trust between the U.S. and Europe, stating that it exacerbated existing tensions. Meanwhile, Mr. Khan is currently on leave from the I.C.C. amid a sexual misconduct investigation, which he has denied.
The situation has sparked alarm in Europe regarding reliance on American tech firms for essential digital infrastructure. This has accelerated efforts among European nations to develop independent alternatives. Casper Klynge, a former diplomat and current cybersecurity executive, described the event as a significant wake-up call regarding the potential for U.S. technology firms to comply with government sanctions against foreign entities.
The episode adds to ongoing tensions in U.S.-European relations concerning trade, tariffs, and technology regulation. European officials have expressed the necessity to gain control over significant digital platforms to avoid external political pressures. This follows years of efforts to reduce dependency on U.S. tech companies, particularly after the revelations of extensive American surveillance activities.
Despite these challenges, American firms like Microsoft, Amazon, and Google remain dominant in the European cloud computing market, controlling over 70 percent of it. The I.C.C. has long utilized Microsoft’s services, including software for evidence analysis and cybersecurity protections against threats.
After the executive order was issued, discussions between Microsoft and I.C.C. officials led to the decision that while broader services could continue, Mr. Khan’s email account would be suspended. In light of recent sanctions against additional I.C.C. judges, Microsoft did not suspend their email accounts, indicating a shift in policy.
Experts have noted that the current geopolitical landscape poses a complex challenge for corporations navigating compliance with international sanctions. Microsoft’s leadership has sought to reassure European customers about their services, with plans announced for new data security measures tailored for European institutions.
In various European countries, efforts are underway to explore alternatives to U.S. technology. The Dutch government is actively collaborating with European providers for new digital solutions. Denmark is testing options beyond Microsoft Office, and Germany’s Schleswig-Holstein is reducing its Microsoft usage. The European Union is also investing significantly in developing AI data centers and cloud computing infrastructure independent of U.S. companies.
As a result, European tech firms are poised to capitalize on this shift, with some reporting an increase in customers seeking local alternatives to American tech giants. The sentiment among European businesses has notably shifted from viewing U.S. companies as trusted partners to questioning their reliability in light of recent events.