Hungary moves to exit ICC amid Netanyahu’s visit to Budapest

Department of Research, Studies and International News 03-04-2025

Hungary has announced its intention to withdraw from the International Criminal Court (ICC), a decision revealed just hours after Israeli Prime Minister Benjamin Netanyahu, who is the subject of an ICC arrest warrant, arrived in the country for an official visit.

Gergely Gulyás, chief of staff to Hungarian Prime Minister Viktor Orbán, confirmed the move, stating that the government would formally begin the withdrawal process on Thursday. This decision aligns with Hungary’s constitutional and international legal framework, and the process is expected to take up to a year, requiring parliamentary approval. Given that Orbán’s Fidesz party dominates Hungary’s legislature, the proposal is likely to pass without major hurdles.

Netanyahu’s trip to Budapest marks a significant diplomatic gesture by Orbán, a longstanding ally of the Israeli leader. The visit comes in the wake of the ICC’s decision to issue an arrest warrant against Netanyahu in November over allegations of war crimes in Gaza. Israel has dismissed the charges as politically motivated and rooted in antisemitism. Netanyahu’s government further argues that the ICC overstepped its jurisdiction by targeting the leader of a sovereign state acting in self-defense following the Hamas-led attack on Israel in October 2023.

Hungary’s decision to withdraw from the ICC is in line with its broader stance on the court’s rulings. Budapest has consistently questioned the legitimacy of ICC decisions, particularly when they conflict with Hungary’s foreign policy interests. Orbán has previously voiced strong opposition to the arrest warrant, describing it as “brazen, cynical, and completely unacceptable.”

Hungary’s Legal Justification for Withdrawal

Hungary has been a signatory to the ICC since 1999, ratifying the treaty in 2001. However, the Hungarian government contends that the court’s rulings are not enforceable within its territory because the necessary legal provisions were never fully incorporated into Hungarian law. This argument was reiterated by Gulyás last year when he stated that “no ICC measure can be legally carried out in Hungary.”

Even before the latest decision to withdraw, Orbán had assured Netanyahu and other international figures that Hungary would not recognize the ICC’s ruling. His government has also questioned the relevance of remaining a member of an organization that is currently under U.S. sanctions. In February, Orbán cited former U.S. President Donald Trump’s decision to impose sanctions on ICC prosecutor Karim Khan as a reason to reconsider Hungary’s participation in the court.

Orbán and Netanyahu’s Political Alliance

The strong relationship between Orbán and Netanyahu is built on shared nationalist and sovereigntist ideologies. The Hungarian leader has been a vocal supporter of Israel, often blocking European Union initiatives critical of the Israeli government. Under Orbán’s leadership, Hungary has opposed EU sanctions and statements condemning Israeli military actions, positioning itself as one of Israel’s most reliable allies within Europe.

The timing of Netanyahu’s visit to Budapest highlights the close ties between the two leaders. This marks his second international trip since the ICC issued warrants against him and his former defense minister. His previous visit was to the United States, which, like Israel, is not a member of the ICC.

Global Implications of Hungary’s Exit

Hungary’s potential departure from the ICC could have broader geopolitical implications, particularly within the European Union. All 27 EU member states are currently part of the ICC, and Hungary would be the first to leave, setting a precedent that could influence other nations with grievances against the court.

The ICC, headquartered in The Hague, was established to prosecute individuals responsible for war crimes, crimes against humanity, and genocide. The court has faced criticism from various governments, including the U.S. and Israel, which argue that it unfairly targets certain countries while lacking authority over powerful non-members.

When issuing Netanyahu’s arrest warrant, ICC judges stated that there were reasonable grounds to believe that the Israeli prime minister and his former defense chief were criminally responsible for crimes such as murder, persecution, and the use of starvation as a weapon of war. The inclusion of Hamas leader Ibrahim al-Masri in the ICC’s warrants underscores the court’s intent to investigate crimes on all sides of the Gaza conflict.

Hungary’s decision to withdraw from the ICC underscores its rejection of the court’s legitimacy, particularly in cases involving its allies. This move, timed alongside Netanyahu’s visit, further solidifies the Orbán administration’s support for Israel and opposition to international legal interventions deemed unfavorable.

If Hungary follows through with its withdrawal, it will mark a significant shift in European engagement with the ICC, potentially encouraging other nations to reconsider their commitments to the court. The decision also raises questions about the enforcement of international law, particularly when national interests and global legal institutions come into conflict.