Hungary’s government announced its withdrawal from the International Criminal Court (ICC) on Thursday, April 3, 2025, just hours after Israeli Prime Minister Benjamin Netanyahu arrived in Budapest for a state visit. The decision, articulated by Gergely Gulyas, the chief of staff to Prime Minister Viktor Orban, marks a significant political shift for Hungary, making it the first European Union nation to pull out of the ICC.
In a post on Facebook, Gulyas stated, “The government will initiate the termination procedure on Thursday, in accordance with the constitutional and international legal frameworks.” This announcement follows the ICC’s issuance of an arrest warrant for Netanyahu in November 2024, which accused him of war crimes and crimes against humanity related to the ongoing conflict in Gaza.
Netanyahu’s visit to Hungary is notable as it is his first trip to Europe since the warrant was issued. Upon his arrival, he was greeted with a warm welcome at Buda Castle, where he walked a red carpet alongside Orban. The Hungarian Prime Minister has been a steadfast ally of Israel and has openly criticized the ICC’s actions, describing the warrant as politically motivated.
Orban extended an invitation to Netanyahu shortly after the ICC announced the warrant, asserting that the court’s decision would have “no effect” in Hungary. He has consistently voiced support for Israel’s military operations in Gaza, which have drawn international scrutiny and condemnation. The war in Gaza, triggered by a Hamas-led attack on October 7, 2023, has resulted in significant casualties on both sides, with over 50,000 Palestinians reported killed since the conflict escalated.
The ICC, established in 2002, has the authority to prosecute individuals for genocide, war crimes, and crimes against humanity. Hungary, as a founding member, has obligations under the Rome Statute to comply with the court's directives, including arrest warrants. However, Gulyas noted that Hungary has never integrated the ICC’s statutes into its national law, effectively allowing the government to sidestep its legal obligations.
Critics of the ICC, including U.S. officials, have condemned its decision to issue warrants against Netanyahu and his former defense minister, Yoav Gallant. Former President Donald Trump had previously imposed sanctions on the ICC’s prosecutor, Karim Khan, and criticized the court’s legitimacy, arguing that it was biased against Israel.
Israel has also rejected the ICC’s authority, claiming that the court has lost its moral standing by issuing warrants against a democratically elected leader. Israeli Foreign Minister Gideon Sa'ar expressed gratitude towards Hungary for its support, stating, “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.”
As Hungary moves forward with the withdrawal process, it must notify the United Nations Secretary-General, with the withdrawal taking effect one year after the notice is submitted. This procedural requirement means that Hungary will remain a party to the ICC until at least April 2026.
The implications of Hungary's withdrawal from the ICC are significant, particularly as the European Union grapples with differing responses to the ICC’s actions. Some EU member states, such as Ireland and Spain, have indicated they would arrest Netanyahu if he entered their jurisdictions, while others, including Germany and France, have adopted a more cautious stance regarding the ICC's jurisdiction over Israel.
In recent months, the ICC has also issued warrants for several leaders of Hamas, further complicating the international legal landscape surrounding the ongoing conflict. The court's actions highlight the increasing tensions between international law and national sovereignty, particularly as countries like Hungary seek to assert their political alliances and priorities.
Netanyahu’s visit to Hungary comes at a time when Israel is expanding its military operations in Gaza, establishing new corridors to exert pressure on Hamas. The Israeli government has faced criticism for its military tactics, which some argue disproportionately affect civilians.
As this story continues to develop, the international community watches closely to see how Hungary’s departure from the ICC will influence both regional politics and the ongoing conflict in Gaza. The decision underscores the complexities of international law in the face of national interests and alliances, particularly in a politically charged environment.
In summary, Hungary's announcement to withdraw from the ICC marks a pivotal moment in its foreign policy, reflecting a growing trend among some nations to prioritize bilateral relations over multilateral commitments. The ramifications of this decision will likely resonate within the EU and beyond, as countries navigate the delicate balance between adherence to international law and their national interests.
