Hungary Withdraws From International Criminal Court In Curtsy To Netanyahu

In a bold move, Hungary has announced its intention to withdraw from the International Criminal Court (ICC) as Israeli Prime Minister Benjamin Netanyahu arrived in the country last week. Netanyahu has an active ICC warrant out for his arrest for alleged war crimes and crimes against humanity.

What is the ICC?

The International Criminal Court (ICC) is an independent, permanent court that investigates and prosecutes individuals accused of the most serious crimes of international concern, such as genocide, crimes against humanity, war crimes, and the crime of aggression.

The court describes its mission as: “In a global fight to end impunity, and through international criminal justice, the Court aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again. Governed by an international treaty called the Rome Statute, the ICC is the world’s first permanent international criminal court.”

Established in 2002, the ICC has 125 countries member states that honor the Rome Statute. These break down to 33 African States, 19 Asia-Pacific States, 20 Eastern Europe, 28 from Latin American and Caribbean States and 25 are from Western European and other States.

Countries that aren’t members include the United States, Israel, China, India, North Korea, Pakistan, Russia and Syria.

Budapest Press Conference

At a joint press conference in Budapest on April 3, Viktor Orban, Hungary’s Prime Minister claimed the ICC was “no longer an impartial court, not a court of law, but a political court. No Hamas flags have been flown in Hungary, and they will not be flown in the future,” Orban added.

In his remarks, Netanyahu spoke of his fondness for Hungary. Thanking Orban for taking what he called a “bold and principled decision” against the ICC.

“This partnership, this friendship, today is unparalleled. May it grow even further, may it grow even stronger. Thank you, my friend, Viktor,” he said.

The Israeli leader also has an invitation to Germany from incoming Chancellor Friedrich Merz, who has previously criticized the ICC’s actions against Netanyahu.

Hungary’s Stance

Orban had previously pledged to disregard the two ICC warrants issued against Netanyahu, despite Hungary being a signatory to the 1998 ICC treaty—which legally obligates the country to arrest and surrender anyone subject to such warrants if they enter Hungarian territory.

The ICC issued an arrest warrant for the Israeli prime minister in November 2024 on suspicion of committing crimes against humanity in connection with his country’s war in Gaza. In retaliation, the U.S., which imposed sanctions on the court after it issued the warrants against Netanyahu.

Later on that month, Orban, an ally of Trump, responded to the ICC arrest warrants by inviting Netanyahu to make an official visit to Hungary.

Orban said: “The ICC has become a political tribunal, evident in its witch-hunt against Prime Minister Netanyahu. “We will not support a court that targets democracies like Israel for political gain. Hungary defends the rule of law. Hungary stands with Israel.”

Agnès Callamard, the Secretary General of Amnesty International, said: “Prime Minister Orbán is harbouring a wanted ICC fugitive. By welcoming Netanyahu, Hungary is effectively giving a giving a seal of approval to Israel’s genocide, namely the physical destruction of the Palestinian people in whole or in part in Gaza.”

What Comes Next?

If Hungary chooses to follow through with its withdrawal from the global court, it will become only the third country in the institution’s history to do so.

According to Fad El-Abdullah, a spokesperson for the ICC, the court “recalls that Hungary remains under an obligation to cooperate with the ICC.” This would include sending a written notification of its intention to withdraw to the UN secretary-general and the withdrawal will take effect within a year of the notification.

“There is a provision which says that your obligation to cooperate continues for the cases that were ongoing when you were still a party,” Göran Sluiter, professor of international criminal law at the University of Amsterdam, told The Associated Press. “So they still have an ongoing obligation to arrest Netanyahu,” he said.

Human rights groups also have condemned the move. Liz Evenson, international justice director at Human Rights Watch told the AP:

“Hungary still has the opportunity to arrest Netanyahu — as unlikely as that seems, there’s still time. We expect other ICC members and particularly EU member states who are united in their commitment to the court to press Hungary hard on meeting its clear, legal obligations on arrest.”

Hungary’s withdrawal should be of global concern. If other nations were to follow Hungary’s lead in rejecting ICC jurisdiction and refusing to honor arrest warrants, the court’s ability to uphold international justice could be significantly weakened. The ICC relies on the cooperation of its member states to enforce its rulings and a wave of withdrawals or refusal to honor warrants could undermine its legitimacy and effectiveness. This could also lead to emboldening leaders accused of war crimes to act with impunity, knowing they may face little to no legal consequences. Additionally, it could deepen geopolitical divides, as some nations continue to support the ICC while others dismiss its authority, further complicating efforts to hold individuals accountable for atrocities. Whether Hungary’s decision sparks a larger trend remains to be seen, but the implications for global justice are profound.