Importance Score: 72 / 100 🔴
Hungary Announces Withdrawal from International Criminal Court Amid Netanyahu Visit
BUDAPEST – Hungary has announced its decision to withdraw from the International Criminal Court (ICC), a move confirmed by a senior official in Prime Minister Viktor Orban’s administration. This declaration came shortly after Israeli Prime Minister Benjamin Netanyahu, subject to an ICC arrest warrant, arrived in Hungary for a state visit, sparking international attention and debate regarding the nation’s commitment to international justice.
Timing of Withdrawal and Netanyahu’s Visit
Prime Minister Orban extended an invitation to Prime Minister Netanyahu immediately following the ICC’s issuance of the arrest warrant in November. Orban stated at the time that the ICC ruling would be “ineffectual” within Hungary’s borders. In November, ICC judges asserted “reasonable grounds” suggesting Netanyahu’s “criminal responsibility” for alleged war crimes and crimes against humanity during the conflict between Israel and Hamas. Netanyahu has publicly denounced the ICC’s decision as “antisemitic.”
ICC Authority and Hungary’s Membership
The International Criminal Court, a global judicial body, is mandated to prosecute individuals accused of genocide, crimes against humanity, and war crimes. Hungary, a founding member of the ICC with 125 member states, is poised to become the first European Union member to pull out of the court. It’s important to note that a withdrawal does not retroactively affect ongoing proceedings.
Orban’s Stance and Netanyahu’s Reaction
During a joint press conference, Prime Minister Orban contended that the ICC had transformed into a “political court,” asserting that the arrest warrant against the Israeli Prime Minister “demonstrated” this purported politicization. In response, Prime Minister Netanyahu lauded Hungary’s “bold and principled” choice to withdraw from the court.
Netanyahu’s Criticism of the ICC
“It’s vital for all democracies to confront this corrupt organization,” Netanyahu stated, expressing his strong disapproval of the International Criminal Court. Earlier, Israeli Foreign Minister Gideon Sa’ar conveyed gratitude to Prime Minister Orban on social media for his “clear and strong moral position alongside Israel,” further highlighting the diplomatic alignment between the two nations.
Israeli Perspective on ICC’s Authority
Minister Sa’ar argued that the “so-called International Criminal Court forfeited its moral authority” by allegedly disregarding “fundamental principles of international law” in its pursuit of “damaging Israel’s right to self-defense.”
Hungary’s Foreign Policy and ICC Exit
Hungary’s resolution to withdraw aligns with its broader foreign policy direction under Prime Minister Orban, who has fostered close relations with Israel and voiced criticism of international institutions perceived as encroaching upon national sovereignty. While Hungary’s withdrawal carries symbolic and political weight, its practical impact on the ICC’s operations or legal framework is considered limited. The court has encountered similar instances in the past and continues to operate with substantial global backing.
Potential Precedent and Global Implications
However, Hungary’s critique of the ICC as “politically biased” and its withdrawal coinciding with Prime Minister Netanyahu’s visit could establish a precedent for other nations to question or reconsider their commitments to international justice based on political alliances or disagreements with specific ICC rulings. Notably, nations like the US, Russia, China, and North Korea are not signatories to the Rome Statute, the treaty that established the ICC, and consequently do not recognize its jurisdiction.
ICC Jurisdiction and Withdrawal Process
Israel is also not a signatory to the Rome Statute, but the ICC asserted jurisdiction in 2021 over the occupied West Bank, East Jerusalem, and Gaza, citing the UN Secretary-General’s acceptance of Palestinian membership. For Hungary’s withdrawal to be formalized, written notification must be submitted to the UN Secretary-General. The withdrawal becomes effective one year following this notification, as stipulated by Article 127 of the Rome Statute.
ICC Response and Member State Obligations
ICC spokesperson Fad El-Abdullah affirmed to the BBC that “the court has adhered to standard procedures following the issuance of an arrest warrant. Hungary remains obligated to cooperate with the ICC.” Technically, Hungarian authorities are expected to arrest Prime Minister Netanyahu and transfer him to the Hague, though member states sometimes refrain from enforcing ICC warrants.
EU Reactions to Hungary’s Decision
Within Europe, some ICC member states indicated they would apprehend the Israeli leader if he entered their territory, while others, such as Germany, declared that Prime Minister Netanyahu would not be detained during a visit. However, German Foreign Minister Annalena Baerbock characterized Hungary’s announcement as “a setback for international criminal law,” emphasizing Europe’s adherence to the Rome Statute and asserting that “no one in Europe is above the law.”
US Position and Netanyahu’s Travel
Conversely, the US has condemned the ICC’s arrest warrants against Prime Minister Netanyahu, who has visited the country since the warrants were issued in November. His visit to Hungary marks his first European trip since then. Hungarian Defense Minister Kristof Szalay-Bobrovniczky welcomed Prime Minister Netanyahu at Budapest airport, underscoring the close ties between the two nations.
Israel’s Rejection of ICC Accusations
Israel is contesting the arrest warrants for Prime Minister Netanyahu and former Defense Minister Yoav Gallant, firmly rejecting the accusations. Israel disputes both the ICC’s authority and the validity of the warrants. Prime Minister Netanyahu previously described the ICC’s action as a “dark day in the history of humanity” and labeled the court “an adversary of humanity,” deeming it an “antisemitic” measure intended to undermine Israel’s right to self-defense.
Warrant Against Hamas Commander
Concurrently, ICC judges issued a warrant against Hamas military commander Mohammed Deif, who Israel claims is deceased. Hamas has also rejected the allegations. This visit occurs as Israel announced an expansion of its Gaza offensive and the establishment of a new military corridor to exert pressure on Hamas amid ongoing Israeli strikes in Palestinian territories.
Context of Gaza Conflict
The Gaza conflict was initiated by the Hamas-led attacks on southern Israel on October 7, 2023, resulting in approximately 1,200 fatalities and the abduction of 251 hostages to Gaza. Subsequent Israeli military actions have resulted in the deaths of over 50,000 Palestinians, according to health authorities in Hamas-controlled Gaza.