The International Criminal Court (ICC) has opened proceedings against Hungary for failing to arrest Israeli Prime Minister Benjamin Netanyahu during his visit to Budapest in April.
According to the ICC, Hungary failed to meet its obligations when it refused to cooperate with the court and did not detain the Israeli prime minister—ICC’s Pre-Trial Chamber finding revealed, which body convened to discuss the Hungarian case. The chamber will now refer the matter to the Assembly of States Parties.
This marks the third time within a year that the court has launched a non-compliance procedure against one of its member states for failing to arrest suspects. In February, the judges requested an explanation from Italy for repatriating a Libyan man accused of torture and murder on a military aircraft, instead of surrendering him to the court. While in October, they referred Mongolia to the court’s oversight body for not arresting Russian President Vladimir Putin during his visit to the country.
According to the ICC’s announcement, Hungary has until 23 May to submit evidence in its defence.
Hungary Withdraws from the ICC
In May 2024, the ICC announced it was seeking arrest warrants for both Hamas leader Yahya Sinwar in Gaza and Israeli Prime Minister Benjamin Netanyahu, on charges of war crimes and crimes against humanity. The Hungarian government immediately criticized the decision, and Prime Minister Viktor Orbán—calling the ICC’s move ‘absurd and shameful’—invited Netanyahu to Hungary, assuring him he would be entirely safe, as Hungary would not enforce the ICC’s decision.
When Netanyahu visited Budapest in April this year, the Hungarian Prime Minister’s Office announced Hungary’s decision to withdraw from the ICC. That withdrawal was formalized on 20 May, when the Hungarian Parliament overwhelmingly voted to leave the international body. Netanyahu expressed his gratitude to Hungary for standing by Israel in the face of what he described as a disgraceful decision.
By withdrawing, the Hungarian government ended its 23-year participation in the Rome Statute. Budapest argued that although Hungary had ratified the statute, it had never been incorporated into domestic law.
Hungarian FM: ‘Leaving the ICC was the right decision’
Although Hungary has begun its withdrawal process, under international legal practice, the exit will not take effect until 2026, and the ICC has made it clear that in the meantime it intends to pursue all measures to hold Hungary accountable.
According to Foreign Minister Péter Szijjártó: ‘With this step, the International Criminal Court has made it clearer than ever that it has completely lost its prestige, and its decisions are essentially motivated by petty political revenge.’
The Hungarian Foreign Minister said there is no place for political aims and ideologies in international judicial institutions. According to Szijjártó, the ICC’s actions confirm all of the Hungarian government’s concerns about the court’s impartiality and political neutrality. He emphasized that international organizations must not represent political interests—their purpose is to provide a proper international platform for negotiations between conflicting parties.
‘This petty, powerless step confirms only one thing: leaving the ICC was the right decision. The International Criminal Court has definitively strayed from its original purpose and has become a political organization,’ Szijjártó concluded.
Hungary Is Not Alone in Rejecting the ICC’s Decision
While Hungary has faced scrutiny for not enforcing the ICC’s arrest warrant, other European member states have also voiced reservations about arresting Netanyahu.
Polish Prime Minister Donald Tusk confirmed Poland would not detain Netanyahu if he attended the Auschwitz anniversary, citing the importance of ensuring Israeli officials’ safe participation—despite Poland being an ICC member state.
German officials reiterated their support for the ICC, but pointed to Germany’s ‘unique relationship’ with Israel. The government has not explicitly stated whether it would arrest Netanyahu, saying that any steps would depend on whether a visit to Germany was imminent. France’s government said it supports the ICC statutes but emphasized that Netanyahu might enjoy immunity as the leader of a non-ICC member state.
In contrast, Belgium, Spain, Slovenia, Austria, Finland, Portugal, Switzerland, and Lithuania have all declared they would enforce the warrants if Netanyahu visited, in accordance with their obligations under the Rome Statute.
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Author: Dávid Nagy
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