Announcement during state visit Hungary wants to leave the International Criminal Court

SDA

3.4.2025 - 10:41

ARCHIVE - 19.07.2018, Israel, Jerusalem: Benjamin Netanyahu (r), Prime Minister of Israel, receives Viktor Orban, Prime Minister of Hungary, in his office. Photo: Debbie Hill/Pool UPI/AP/dpa
ARCHIVE - 19.07.2018, Israel, Jerusalem: Benjamin Netanyahu (r), Prime Minister of Israel, receives Viktor Orban, Prime Minister of Hungary, in his office. Photo: Debbie Hill/Pool UPI/AP/dpa
Keystone

Hungary wants to withdraw from the International Criminal Court (ICC). This was announced by the Hungarian Chancellery Minister Gergely Gulyas to the state news agency MTI. The announcement was made shortly after the arrival of Israeli Prime Minister Benjamin Netanyahu in Hungary.

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Gulyas went on to say that Hungary's government wanted to initiate the withdrawal procedure on Thursday. The country is proceeding in accordance with its own constitution and international law, he added. The ICC's basic treaty stipulates that a withdrawal comes into force one year after the written notice of withdrawal. The court did not react directly to the announcement.

Orban had issued an invitation in defiance of the court

Hungary's Prime Minister Viktor Orban had already made it clear that he was not committed to the requirements for a member of the ICC after the international arrest warrant was issued against Netanyahu. Orban then demonstratively extended an invitation to his ally.

As one of the 125 states party to the court, Hungary would have to have him arrested. The basic treaty, the so-called Rome Statute, obliges the member states to execute the court's orders. They must execute arrest warrants if a wanted person is on their territory.

Obligations remain despite withdrawal

By withdrawing from the Criminal Court, Hungary does not release itself from the obligation to execute the arrest warrant against Netanyahu. Withdrawal from the court's basic treaty only comes into force one year after receipt of the written declaration of withdrawal. But even after that, the obligations that a contracting state assumed during its membership remain in force. This means that Hungary must continue to cooperate with the court in investigations that began before the withdrawal.

However, the consequences for Hungary are likely to be manageable: if a state does not comply with its treaty obligation, the court can refer the case to the Conference of the Parties. And this can then decide on further measures against this state. However, this is unlikely to have any major consequences. For the court, however, there is a lot at stake. If its orders are disregarded, this undermines the court's authority.

Netanyahu's first trip to Europe since the arrest warrant

Hungary's resignation announcement came just a few hours after Israel's Prime Minister Netanyahu arrived in Budapest for a visit lasting several days. His arrival was confirmed by Hungarian Defense Minister Kristof Szalay-Bobrovniczky, who received him at the airport. It is Netanyahu's first trip to Europe since the ICC issued an arrest warrant against him last November for his actions in the Gaza war. He is scheduled to return on Sunday.

According to Israeli media reports, Netanyahu also wanted to meet Hungarian President Tamas Sulyok on Thursday alongside Orban. Contrary to custom, details of the visit were not disclosed in advance. The Hungarian Prime Minister's press office also did not comment on this when asked. The delicate nature of the visit in view of the arrest warrant against Netanyahu is obvious.

Two politicians, one common pattern

Orban has maintained good relations with Netanyahu for a long time. Both politicians share similar views on unlimited government power without an overly obstructive separation of powers. And both regard an independent judiciary, an open society and free, critically reporting media as obstacles to their political ambitions.

Orban unreservedly supports the Netanyahu government's approach in the Gaza war. As a member of the European Union, Hungary has repeatedly blocked EU resolutions calling for ceasefires and more consideration for the Palestinian civilian population in the Gaza Strip. The EU has also withdrawn or frozen some of the European funding for Hungary due to violations of the basic rules of the rule of law.