Hungary has officially announced its withdrawal from the International Criminal Court (ICC), a decision confirmed by a senior official within Prime Minister Viktor Orban’s administration. This announcement comes just hours after Israeli Prime Minister Benjamin Netanyahu arrived in Hungary for a state visit, who is currently sought under an ICC arrest warrant.
Orban had extended an invitation to Netanyahu immediately following the issuance of the warrant last November, asserting that the court’s ruling would have no bearing on Hungary. In that ruling, ICC judges indicated that there were “reasonable grounds” to believe Netanyahu held “criminal responsibility” for alleged war crimes and crimes against humanity during the ongoing conflict between Israel and Hamas. Netanyahu has denounced the ICC’s verdict as “antisemitic.”
Hungary’s challenge to international legal norms
The ICC is an international tribunal empowered to prosecute individuals accused of genocide, war crimes, and crimes against humanity. Hungary’s departure marks it as the first nation from the European Union to withdraw from the ICC, although this decision does not influence any ongoing legal proceedings. During a press conference, Orban characterized the ICC as having evolved into a “political court,” asserting that the warrant issued against Netanyahu exemplified this transformation. Netanyahu praised Hungary’s decision, calling it a “bold and principled” move and emphasizing the importance of standing against what he termed a corrupt organization.
“It’s important for all democracies. It’s important to stand up to this corrupt organisation,” Netanyahu said.
Following these developments, Netanyahu and Orban reportedly discussed the implications of Hungary’s decision with former US President Donald Trump, considering potential next steps. Israel’s Foreign Minister, Gideon Sa’ar, commended Orban’s firm stance in support of Israel on social media, declaring that the ICC had lost its moral legitimacy by undermining fundamental international law principles in its efforts to challenge Israel’s right to self-defense.
Implications for international law
Hungary’s choice reflects a broader foreign policy direction under Orban, who has cultivated strong relations with Israel and expressed reservations about international institutions that challenge national sovereignty. While Hungary’s exit may have symbolic significance, it is unlikely to disrupt the ICC’s operations or legal frameworks. The court has navigated similar challenges previously and continues to operate with substantial international backing.
However, Hungary’s assertion that the ICC is “politically biased” may encourage other countries to reconsider their commitments to international justice based purely on political affiliations or disagreements with particular court decisions. Notably, the United States, Russia, China, and North Korea are not ICC members and do not acknowledge its authority. Although Israel is also not a signatory to the treaty, the ICC ruled in 2021 that it holds jurisdiction over the occupied territories, due to the UN Secretary General’s acceptance of Palestinian membership.
Hungary must now formally notify the UN Secretary General of its intention to withdraw from the ICC, a process that will take effect one year later, as stipulated by Article 127 of the Rome Statute, which established the court. ICC spokesperson Fadi El-Abdullah reiterated the importance of cooperation with the ICC, noting that Hungary remains obligated to adhere to the court’s standards even amid this withdrawal.
Despite Hungary’s announcement, member states have historically shown varying levels of compliance with ICC warrants. While some European nations have indicated they would detain Netanyahu if he traveled there, Germany has stated he would not face arrest. German Foreign Minister Annalena Baerbock criticized Hungary’s decision, labeling it a “bad day for international criminal law” and reaffirmed that no one in Europe is above the law.
Across the Atlantic, the US has voiced its opposition to the ICC’s arrest warrant for Netanyahu, who has visited the country since the warrant was issued. His recent trip to Hungary marks his first return to Europe since the warrant’s announcement. Netanyahu was received warmly by Hungarian Defense Minister Kristof Szalay-Bobrovniczky upon his arrival at Budapest airport.
Israel is currently challenging the arrest warrants for both Netanyahu and former defense minister Yoav Gallant, vehemently rejecting the allegations against them. Netanyahu has characterized the ICC’s actions as a “dark day in the history of humanity,” asserting that the court has positioned itself against human rights by targeting Israel.
As tensions escalate, the conflict in Gaza persists, following the Hamas-led attacks that commenced on October 7, 2023. These attacks resulted in the deaths of around 1,200 individuals in Israel, while subsequent Israeli military operations have reportedly led to over 50,000 Palestinian fatalities, according to health authorities in Gaza.