- Hungary announced its withdrawal from the ICC during Netanyahu’s visit.
- Netanyahu is subject to an ICC arrest warrant for alleged war crimes.
- Hungary’s PM Orban criticized the ICC as a ‘political tool.’
- Withdrawal aligns with Hungary’s foreign policy prioritizing sovereignty.
- The move sparks mixed reactions across the European Union.
Hungary Announces ICC Withdrawal
Hungary has officially announced its decision to withdraw from the International Criminal Court (ICC), making it the first European Union member state to do so. The announcement coincided with a state visit from Israeli Prime Minister Benjamin Netanyahu, who is currently sought under an ICC arrest warrant for alleged war crimes and crimes against humanity.
Netanyahu’s ICC Warrant and Hungary’s Response
The ICC issued an arrest warrant for Netanyahu in November 2024, citing ‘reasonable grounds’ for his alleged responsibility in war crimes during the Israel-Hamas conflict. The charges include ‘starvation as a method of warfare’ and ‘crimes against humanity.’ Netanyahu has dismissed the charges as ‘absurd and antisemitic,’ a sentiment echoed by Hungarian Prime Minister Viktor Orban.
Orban, a staunch ally of Israel, invited Netanyahu for a state visit shortly after the warrant was issued. During a joint press conference in Budapest, Orban described the ICC as a ‘political tool’ and defended Hungary’s decision to withdraw, stating, ‘This very important court has been diminished to a political tool, and Hungary wishes to play no role in it.’
Hungary’s Withdrawal Process
Under Article 127 of the Rome Statute, which established the ICC, Hungary must submit a formal written notification to the United Nations Secretary-General to initiate its withdrawal. The process will take one year to complete, during which Hungary remains obligated to cooperate with the ICC. However, Hungary’s decision to host Netanyahu without arresting him has already raised questions about its commitment to international legal norms.
ICC spokesman Fadi El-Abdullah stated that Hungary remains bound by its obligations under the Rome Statute until the withdrawal is finalized. ‘The court recalls that Hungary remains under a duty to cooperate with the ICC,’ he said.
Reactions from Israel and the International Community
Netanyahu praised Hungary’s decision as ‘bold and principled,’ emphasizing its importance for ‘all democracies’ in resisting what he called a ‘corrupt organization.’ Israel’s Foreign Minister Gideon Sa’ar also expressed gratitude on social media, calling Hungary’s stance a ‘clear and strong moral position alongside Israel.’
However, the decision has drawn criticism from other European nations. German Foreign Minister Annalena Baerbock described Hungary’s move as ‘a bad day for international criminal law,’ emphasizing that the Rome Statute is a binding agreement for all EU member states. Ireland and Spain have indicated they would enforce the ICC warrant against Netanyahu if he were to visit their territories, while countries like France and Germany have taken a more cautious approach, questioning the ICC’s jurisdiction over Israel.
Implications for the ICC and International Justice
Hungary’s withdrawal underscores broader tensions between national sovereignty and international legal obligations. Orban’s government has consistently prioritized sovereignty in its foreign policy, often clashing with international institutions. Critics argue that Hungary’s decision sets a dangerous precedent, potentially encouraging other nations to abandon their commitments to international justice based on political disagreements.
The ICC has faced similar challenges in the past. Major powers like the United States, China, and Russia are not members of the ICC and do not recognize its jurisdiction. Israel is also not a signatory to the Rome Statute, but the ICC ruled in 2021 that it has jurisdiction over the occupied West Bank, East Jerusalem, and Gaza, as the United Nations recognizes Palestine as a member state.
Hungary’s Broader Foreign Policy Context
Hungary’s decision aligns with its broader foreign policy under Orban, who has cultivated close ties with Israel and adopted a critical stance toward international institutions. Hungary has been one of Israel’s strongest allies in Europe, with public displays of solidarity, such as yellow ribbons adorning Holocaust memorials in Budapest in support of Israeli hostages held in Gaza.
This move also reflects Hungary’s domestic political landscape, where Orban’s government has emphasized national sovereignty and resistance to external pressures, particularly from the European Union. By withdrawing from the ICC, Hungary reinforces its position as a nation willing to challenge international norms to align with its political alliances and priorities.
Hungary’s withdrawal from the ICC marks a significant moment in the history of international law and European Union politics. While the move aligns with Hungary’s foreign policy priorities and strengthens its alliance with Israel, it also raises questions about the future of international justice and the role of the ICC in holding leaders accountable for alleged crimes. As the withdrawal process unfolds, the international community will closely watch its implications for the ICC’s credibility and the broader commitment to global accountability.