Hungary Exits International Criminal Court Amid Netanyahu's Visit

Hungary's decision to withdraw from the International Criminal Court comes as Israel's Benjamin Netanyahu visits, raising significant political and legal implications for both nations.

Hungary has officially declared its intention to withdraw from the International Criminal Court (ICC), a move announced by a high-ranking government official in Prime Minister Viktor Orban's administration. This announcement coincides with a state visit from Israeli Prime Minister Benjamin Netanyahu, who is currently wanted under an ICC arrest warrant. Hungary has maintained its support for Netanyahu since the warrant was issued last November, asserting that the ruling would be irrelevant within its borders.

In November, ICC judges stated that there were "reasonable grounds" to believe Netanyahu bore "criminal responsibility" for alleged war crimes and crimes against humanity linked to the ongoing conflict between Israel and Hamas. Netanyahu has publicly criticized the ICC's ruling as "antisemitic." The ICC functions as a global court with the authority to prosecute individuals for genocide, crimes against humanity, and war crimes, and Hungary is one of its founding members. This makes Hungary the first country within the European Union to announce a withdrawal from the court.

Globally, several major powers, including the US, Russia, China, and North Korea, have opted out of ICC membership, thus not recognizing its jurisdiction. Notably, Israel itself is not a party to the ICC treaty but has been subject to the court's jurisdiction in specific cases. The ICC determined in 2021 that it had jurisdiction over the occupied territories due to the UN General Secretary’s recognition of Palestinian statehood.

Following the announcement, Hungary must officially notify the UN Secretary-General of its withdrawal, which will take effect a year later under Article 127 of the Rome Statute. Despite the issuance of the arrest warrant, Hungarian law does not necessitate the arrest of Netanyahu, as member states often choose whether or not to enforce ICC warrants. Some European nations have expressed intentions to arrest Netanyahu, whereas others, like Germany, indicated he would not face detainment upon arrival.

During his recent visit, Netanyahu received a warm welcome from Hungarian Defense Minister Kristof Szalay-Bobrovniczky, who greeted him at the Budapest airport, complete with military honors and a ceremonial red carpet. The Israeli leader is expected to meet with Orban for discussions on bilateral relations.

Netanyahu is currently appealing the ICC’s arrest warrants against him and former defense minister Yoav Gallant, while firmly rejecting the ICC's authority and the legitimacy of its actions. The context of this visit unfolds against a backdrop of intensified military conflict, with Israel recently expanding its offensive in Gaza following a series of Hamas-led attacks that began on October 7, 2023. The ongoing violence has reportedly resulted in significant casualties on both sides, with Palestinian sources claiming over 50,000 deaths since the escalation began.