Agencies
Hungary is now under investigation by the International Criminal Court (ICC) for its failure to arrest Israeli Prime Minister Benjamin Netanyahu, despite an active arrest warrant issued against him.
The warrant relates to accusations of crimes against humanity tied to the ongoing violence in Gaza. Netanyahu made a visit to Budapest earlier this month, where he was welcomed by Hungarian officials.
The ICC’s judges have called on Hungary to explain why it didn’t carry out the arrest order. In a statement issued Wednesday night, the court demanded an explanation for Hungary’s actions after Netanyahu’s visit, even though he is facing serious charges at the international level.
During his time in Hungary, Prime Minister Viktor Orbán made a surprising announcement, stating that Hungary would be withdrawing from the ICC. Orbán went as far as to claim that the ICC was no longer an impartial institution, but one that was politically motivated. He also defended Hungary’s failure to detain Netanyahu, arguing that although Hungary had signed the Rome Statute, which forms the basis of the ICC, the Hungarian Parliament had never fully adopted it into national law. According to Orbán, this technicality made the court’s order unenforceable in Hungary.
The ICC has made it clear, however, that this is not an excuse, having rejected similar defenses from other countries in the past. The court insists that its member states are obligated to uphold arrest warrants, regardless of any domestic legal issues.
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The ICC has been vocal in its criticism of Hungary’s decision. In a formal reminder issued before Netanyahu’s visit, the ICC’s President emphasized Hungary’s “special obligation” to comply with its orders, which include arresting and transferring individuals facing charges of serious crimes.
Hungary now has until May 23 to provide a defense for its actions, or risk further legal consequences. If Hungary follows through on its plan to withdraw from the ICC, the process will take about a year to complete. Should Hungary go through with this, it will become the only European Union country to do so. Currently, only two nations — the Philippines and Burundi — have ever chosen to leave the ICC.
This case marks the third time in less than a year that the ICC has had to address a situation where a member country has failed to arrest an individual under its jurisdiction. In February, Italy was asked to justify its decision to return a Libyan national to military custody, instead of handing him over to the ICC. Last October, Mongolia faced scrutiny for not arresting Russian President Vladimir Putin when he visited the country.
Hungary’s refusal to enforce the arrest warrant raises questions about the ICC’s authority and the tension between national sovereignty and international law, with the ICC emphasizing the importance of upholding its mandates.