By 
Jasmin Kaur Rajwant
Ervin Lukacs, March 22, 2021
Hungary’s withdrawal as an ICC member state, to host Netanyahu in Hungary for a visit, has led to crippling of international law.
On April 3rd, 2025, Hungary’s Prime Minister Viktor Orbán announced that Hungary is withdrawing from the International Criminal Court (ICC), shortly after the Israeli Prime Minister Benjamin Netanyahu was to enter the country for a diplomatic visit. In March 2023, the ICC issued an arrest warrant for Netanyahu after conducting an investigation into the alleged war crimes committed during the military operations by the Israeli forces in the Gaza Strip. The court concluded that it has reasonable grounds to believe that Netanyahu is responsible for crimes like using ‘starvation as a method of warfare’ and ‘crimes against humanity of murder, persecution, and other inhumane acts’ in Gaza.
Orbán refused to comply with the ICC’s order as he accused the court of being partial and ‘brazen’ and ‘political’. Hungary is a signatory to the Rome Statute and therefore is obliged to comply with ICC’s orders. As a State Party to the ICC, Hungary was obliged to fully cooperate under Article 86 in the Court’s investigations and prosecutions of criminals. Additionally, Article 89 (1) specifically obliges state parties to arrest and surrender individuals that have arrest warrants issued against them by the ICC. Having refused to comply with the Court’s decision, Hungary has violated its obligation under the Rome Statute. Article 127 (1) of the Rome Statute clearly states that the withdrawal from the Statute is only effective one year after the notification. Moreover, Article 127 (2) specifically emphasises that withdrawal shall not affect the state parties obligation to cooperate with the ICC. Since Hungary only announced its withdrawal the day of Netanyahu’s visit, it would be still legally bound to comply with article 86 and 89 of the Rome Statute.
Hungary’s actions have significant implications on accountability and legitimacy of the ICC. Selective compliance will only hinder the credibility of the Court, directly enfeebling the international criminal justice mechanisms and encouraging impunity for individuals accused of grave violations of international law. Similarly, the International Court of Justice found that South Africa violated legal obligations by not arresting Sudanese President Omar al-Bashir, who entered the State territory and had an ICC warrant against him and was accused of genocide, war crimes and crimes against humanity. This case of prioritising political alliance over legal duty is not new, but it does reveal ICC’s limitations. Hungary’s case unfortunately reflects the same troubling pattern of selecting politics over justice. This could serve as a precedent for many European countries in dismissing the ICC’s arrest warrant, as many governmental officials from countries like Germany, France, Poland, Romania, Italy, etc., have explicitly expressed the refusal to arrest Netanyahu.
In addition to the ICC’s arrest warrants, several human rights organisations have come forward to condemn Israel’s role in the war on Gaza, and have expressed concerns over Netanyahu using a disproportionate amount of force and targeting civilians. Amnesty International and Human Rights Watch have also recognised Israel’s crime as acts of genocide against Palestinians and have been consistently calling an end to it. They are urging the countries to comply with the international legal system to ensure accountability. Also, right before Netanyahu’s visit, Amnesty International and Human Rights Watch reminded Hungary of its legal obligations under the Rome Statute, and urged Hungary to arrest and surrender Netanyahu, when he enters the country. Eika Guevara-Rosas, head of Amnesty International’s Global Research, Advocacy, and Policy, stated:
Any trip he takes to an ICC member state that does not end in his arrest would embolden Israel to commit further crimes against Palestinians in the Occupied Palestinian Territory.
Hungary’s political move in defying the ICC’s order has created a dangerous precedent, which will surely exacerbate the human rights and humanitarian crisis in Gaza, and could possibly leave no way for Palestinians to attain justice. Other European countries could follow in the footsteps of Hungary in not only violating the international criminal legal mechanism, but also withdrawing membership from the ICC altogether, which can have severe consequences for the international legal system. There needs to be a stronger and renewed commitment to the principles of international criminal justice mechanisms, where justice prevails over political interests.
Sources and Further Readings:
Amnesty International Concludes Israel is Committing Genocide Against Palestinians in Gaza
Hungary: Arrest and Surrender Israeli Prime Minister Netanyahu to the International Criminal Court
Hungary Defies ICC by Welcoming Netanyahu
Hungary Withdraws from ICC Amid Netanyahu Visit
Merz Invites Netanyahu to Germany Despite ICC Arrest Warrant
Israel’s Netanyahu Ends Hungary Visit, Heads to US
Israel’s Crime of Extermination: Acts of Genocide in Gaza
ICC Judgment in Al-Bashir Case a Victory for International Justice
Hungary Says It Is Withdrawing from ICC as Israeli Leader Visits
Hungary to Withdraw from ICC Amid Netanyahu Visit
Netanyahu to Visit Hungary as Orbán Vows to Defy ICC Arrest Warrant
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