Hungarian Prime Minister Viktor Orbán backed his Israeli counterpart Benjamin Netanyahu over an arrest warrant issued by the International Criminal Court (ICC) and said on Thursday his country would withdraw from the organization.
“This court has been degraded to a tool of politics,” Orbán said in a joint press statement with Netanyahu after the Israeli premier flew to Budapest for a meeting. Orbán added that the court had a biased stance, which was evident in its decisions regarding Israel.
Hungary, he said, would not participate any longer as he refused to arrest his guest.
He confirmed that his country was therefore withdrawing from the Rome Statute, the founding document of the ICC.
Netanyahu thanked Orbán for the support Israel receives from Hungary. With Hungary’s announced withdrawal from the ICC, Orbán has shown a “brave and principled stance,” said Netanyahu.
The ICC issued an international arrest warrant for Netanyahu in November for alleged war crimes and crimes against humanity in the Gaza War.
Netanyahu rejects the accusations and claims that the international court seeks to challenge Israel’s right to self-defence in its fight against the Palestinian Islamist militia Hamas in the Gaza Strip.
Minister of the Chancellery Gergely Gulyás told the state news agency MTI that the Hungarian government intends to initiate the withdrawal process on Thursday. He added that the country is acting in accordance with its own constitution and international law.
Netanyahu’s arrival in Budapest was his first trip to Europe since the ICC arrest warrant was issued.
Orbán welcomed Netanyahu with full honours, according to state broadcaster MTV.
Israel welcomed Hungary’s announcement of its intention to leave the ICC.
“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,” Israeli Foreign Minister Gideon Sa’ar wrote on X.
ICC rules say Hungary must still comply with warrant
The founding treaty of the ICC stipulates that withdrawal becomes effective one year after the written notification is submitted.
The ICC reminded Hungary of its commitments. “The court reiterates that Hungary remains obligated to cooperate with the ICC,” a spokesperson said.
The Rome Statute requires the 125-member states to implement the court’s orders. This includes executing arrest warrants if a wanted individual is on their territory.
However, the court has few enforcement mechanisms, so the consequences for Hungary are set to be limited. If a state does not fulfil its contractual obligations, the court can refer the matter to the Assembly of States Parties.
This body can then decide on further measures against the state, but significant repercussions are unlikely.
The ICC’s authority is at stake since ignoring its orders undermines the court’s credibility.
Hungary not alone
Hungary’s refusal to arrest Netanyahu is not a total outlier, as France, Italy and Poland have also indicated that they would not enforce the arrest warrant.
Friedrich Merz, the likely future German chancellor, has also stated his intention to invite Netanyahu to Germany, adding that he would find ways to ensure Netanyahu would not be arrested during his visit.
German Chancellor Olaf Scholz on Thursday said he could “not imagine” an arrest warrant being executed against Netanyahu during a potential visit to Germany.
Hungary’s move was, however, criticized by German Foreign Minister Annalena Baerbock.
On the sidelines of a NATO summit in Brussels, Baerbock said it was “a bad day for international criminal law.”
“In Europe, no one is above the law, and that applies to all areas of law,” she added.
Orbán and Netanyahu share a world view
Orbán unreservedly supports the Netanyahu government’s actions in the Gaza conflict. As a member of the European Union, Hungary has repeatedly blocked EU resolutions calling for ceasefires and greater consideration for the Palestinian civilian population in Gaza.
Netanyahu and Orbán share similar views on maximizing government power.
Due to violations of the rule of law, the EU has withheld or frozen part of the European funding allocated to Hungary.
Hungarian Prime Minister Viktor Orban greets Israeli Prime Minister Benjamin Netanyahu (R) upon his arrival to Budapest. This is Netanyahu’s first trip to Europe since the International Criminal Court (ICC) issued an arrest warrant against him. His return to Israel is planned for Sunday. Avi Ohayon/GPO/dpa