Hungary Announces Withdrawal from the International Criminal Court

In a significant political move, Hungary's government has declared its intention to exit the International Criminal Court (ICC) amid rising tensions surrounding a recent arrest warrant issued by the court against Israeli Prime Minister Benjamin Netanyahu. This announcement coincided with Netanyahu's visit to Budapest, where he was received by Hungarian Prime Minister Viktor Orbán with military honors.

The Hungarian government, through its Minister Gergely Gulyás, stated that the exit process from the Rome Statute, which serves as the legal foundation for the ICC, will be initiated promptly. Gulyás assured that the withdrawal will align with both Hungarian constitutional norms and international law.

This decision follows earlier comments made by Hungary's Foreign Minister Péter Szijjártó, who expressed support for the U.S. stance on the ICC, particularly regarding the warrant against Netanyahu, which relates to alleged war crimes during the Gaza conflict. Notably, the ICC has over 120 member states, including all EU countries, but notably excludes the United States and Russia.

Netanyahu's visit to Hungary has drawn praise from Israeli officials, with Foreign Minister Gideon Saar commending Hungary's clear support for Israel. Saar criticized the ICC's actions, claiming that the court has lost its moral authority through its handling of cases involving Israel and has disregarded fundamental principles of international law.

Hungary ratified the Rome Statute in 2001 during Orbán's first term, but the government never officially communicated the decision due to constitutional concerns. This has led Hungary to assert that it is not obligated to adhere to the ICC's actions, including the recent arrest warrant.

In Germany, despite its membership in the ICC, political leaders including CDU chairman Friedrich Merz have reportedly assured Netanyahu that measures would be taken to prevent his arrest should he visit. Chancellor Olaf Scholz also indicated that he does not foresee a scenario in which Netanyahu would be detained.

According to the Rome Statute, a state's withdrawal from the court becomes effective one year after the submission of a written notice. However, even after withdrawal, obligations incurred during membership, particularly those related to ongoing investigations, remain in effect. Failure to comply with these obligations could result in the court presenting the case to the assembly of state parties for further action, potentially involving the United Nations.