Microsoft did not stop or suspend its services to the International Criminal Court, the company’s President Brad Smith said, following reporting that it canceled the email address of the court’s chief prosecutor targeted by American sanctions.
The Associated Press reported in May that Microsoft “cancelled” the email address of Karim Khan, the prosecutor who was directly targeted by a February executive order by United States President Donald Trump that claimed the court had “engaged in illegitimate and baseless actions” against the U.S. and Israel.
Smith told reporters on Tuesday that Microsoft’s actions “did not in any way involve the cessation of services to the ICC.”
A Microsoft spokesperson said that it had been in contact with the court since February “throughout the process that resulted in the disconnection of its sanctioned official from Microsoft services.” The spokesperson added that “at no point did Microsoft cease or suspend its services to the ICC.”
Khan’s email disconnection has sparked Europe’s fears that Trump could flip a “kill switch” to cut digital services through American tech giants, as the continent seeks to become less dependent on U.S. technology. Companies like Microsoft, Google, Amazon and others dominate Europe’s cloud and digital services sectors.
Microsoft declined to comment further in response to questions regarding the exact process that led to Khan’s email disconnection, and exactly what it meant by “disconnection.” The ICC declined to comment.
However, German business magazine WirtschaftsWoche reported Tuesday that Microsoft’s lawyers have now reached the view that it merely provides a technical platform and that its customers decide whether to give their employees access to its services. Microsoft would no longer intervene in scenarios similar to the ICC case, WirtschaftsWoche wrote.
Smith at the end of April said Microsoft would push back on orders to suspend European cloud operations, in an attempt to assuage fears about a Trump-ordered kill switch.
The company announced then that it would add a binding clause to its contracts with European governments and the European Commission, stating that it would keep the option open to go to court in the event other governments ordered it to suspend or cease cloud operations.
“People want to know that there’s more than words that we’re offering, that’s why we’re prepared to back this up with contractual commitments,” Smith said at the time.
Amazon and Google, Microsoft’s two main competitors on cloud services, also offer “sovereign” cloud services that seek to assuage Europeans’ concerns, though they have not publicly committed to challenging orders in the same way as Microsoft.
Khan’s email issue has also prompted calls for a major change of government policy in the Netherlands, where the ICC is based.
Bart Groothuis, a Dutch liberal member of the European Parliament, recently urged the creation of a European cloud, citing the ICC incident and saying “the world has changed.”
And Dutch national lawmakers on Monday petitioned the government to use 30 percent Dutch or European cloud services by 2029, as well as multiple other measures to wean the Dutch government off U.S. services like Microsoft.
It again signals a shift in the Netherlands, which has traditionally been one of the most Atlanticist, free-market and tech-friendly EU member countries.
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