Hungary has announced its decision to withdraw from the International Criminal Court (ICC), marking a significant departure from the European Union’s stance on international justice.
The decision was revealed by a senior official in Prime Minister Viktor Orban’s government just hours after Israeli Prime Minister Benjamin Netanyahu arrived in Budapest for a state visit.
The timing of the announcement has drawn global attention, as Netanyahu is currently facing an ICC arrest warrant issued in November 2024.
ICC judges ruled that there were “reasonable grounds” to believe that Netanyahu bore criminal responsibility for alleged war crimes and crimes against humanity during the ongoing Israel-Hamas war.
However, Hungary, a founding ICC member, has dismissed the ruling. Orban had invited Netanyahu immediately after the warrant was issued, stating that the decision would have “no effect” in Hungary.
Hungary’s Reasons for Leaving the ICC
Orban’s chief of staff, Gergely Gulyas, justified the decision by arguing that the ICC had deviated from its original purpose and had become a politicized institution. Speaking to Hungary’s state-owned news agency MTI, he stated that while the court was initially a “respectable initiative,” it had since turned into a political body.
Gulyas specifically condemned the ICC’s decision to issue an arrest warrant for Netanyahu, calling it “unacceptable.”
He argued that Hungary does not want to be involved with a judicial body that he believes undermines national sovereignty and political fairness.
Additionally, he pointed out that Hungary’s parliament never formally incorporated the ICC’s statutes into national law, implying that the court’s authority was never fully recognized in the country.
However, Hungary had been a de facto member of the ICC since its establishment in 2002 and had previously cooperated with its rulings.
Under Article 127 of the Rome Statute, Hungary’s withdrawal will not be immediate. The country must submit a formal written notification to the United Nations Secretary-General, and the departure will take effect one year after the notification is received.
Israel’s Response and Global Reactions
Israel, which is not a member of the ICC, welcomed Hungary’s decision. Israeli Foreign Minister Gideon Sa’ar praised Budapest’s “clear and strong moral stance” and accused the court of abandoning its original mandate.
“The so-called ‘International Criminal Court’ lost its moral authority after trampling the fundamental principles of international law in its zest for harming Israel’s right to self-defense,” Sa’ar wrote on social media.
Israel has consistently rejected the ICC’s jurisdiction over its actions, particularly in Palestinian territories. While Israel is not a signatory to the Rome Statute, the ICC ruled in 2021 that it had jurisdiction over the West Bank, East Jerusalem, and Gaza, as the United Nations Secretary-General had recognized Palestine as a member state.
The United States, Russia, China, and North Korea are also not ICC members, and they do not acknowledge its authority. The U.S. had previously condemned the ICC’s decision to issue arrest warrants for Israeli officials, calling it “politically motivated.”
ICC’s Warrant and Hungary’s Stance on Arresting Netanyahu
Hungary’s decision to leave the ICC also raises questions about the enforcement of international justice. As a member state, Hungary would have been legally obligated to arrest Netanyahu if he entered its territory.
However, ICC warrants are not always enforced uniformly among signatory nations.
Some European ICC members, such as Germany, have explicitly stated they would not detain Netanyahu if he visited. Others, including Belgium and Ireland, have indicated they would carry out the arrest.
The ICC does not have its enforcement mechanism, relying on member states to comply voluntarily.
Netanyahu’s visit to Hungary marks his first trip to Europe since the warrant was issued. Upon his arrival, he was greeted by Hungarian Defence Minister Kristof Szalay-Bobrovniczky at Budapest airport. The visit underscores Hungary’s alignment with Israel and its rejection of the ICC’s ruling.
Ongoing Israel-Hamas War and ICC Investigations
The ICC’s warrant against Netanyahu is part of a broader investigation into alleged war crimes committed by both Israeli forces and Hamas militants.
The war erupted following the Hamas-led attack on southern Israel on October 7, 2023, which resulted in approximately 1,200 Israeli deaths and the capture of 251 hostages taken to Gaza.
In response, Israel launched a large-scale military campaign in Gaza, which has led to widespread destruction and mass casualties. According to Palestinian health authorities, more than 50,000 Palestinians have been killed in the conflict.
The ICC has also issued an arrest warrant for Hamas military commander Mohammed Deif, whom Israel claims is dead.
The court has stated that both Israeli and Hamas leaders could face prosecution for war crimes and crimes against humanity.
Meanwhile, Israel has expanded its offensive in Gaza, creating new military corridors and intensifying airstrikes across Palestinian territories.
The latest escalation has further strained diplomatic relations and heightened tensions surrounding the ICC’s role in global conflict resolution.
Implications of Hungary’s Withdrawal from the ICC
Hungary’s decision to leave the ICC could set a precedent for other nations questioning the court’s authority.
As the first EU country to exit the treaty, its departure raises concerns about international accountability and the enforcement of human rights laws.
