Hungary announced its withdrawal from the International Criminal Court (ICC) last week, on 3 April, following the historic visit of Israeli Prime Minister Benjamin Netanyahu to the country. In November last year the ICC issued an international arrest warrant for Netanyahu, which would have obliged Hungary to arrest him. However, Budapest declared at the time that it would not comply with the warrant. Reactions were wide-ranging. Hamas condemned the move, while most of the Arab world—including staunch supporters of the Palestinian cause such as Türkiye—remained silent.

Hamas, NGOs and…Baerbock?

‘We consider this decision an immoral position that represents blatant complicity with a war criminal on the run from international justice, and a flagrant violation of international law and the principles of human justice,’ the Palestinian terrorist organization said in a statement issued shortly after the news broke on Thursday. Hamas accused Hungary of ‘representing a direct threat to global peace and stability’ with its withdrawal. It called on the Hungarian government to ‘immediately rescind this biased and shameful decision, fulfil its legal obligations, and hand over the war criminal, Netanyahu, to the ICC to hold him accountable for his crimes and receive just punishment for the massacres and genocide he committed against our Palestinian people.’

Western human rights NGOs quickly echoed Hamas in condemning Hungary’s decision. ‘By welcoming Netanyahu, Hungary is effectively giving a seal of approval to Israel’s genocide—namely, the physical destruction of the Palestinian people, in whole or in part, in Gaza,’ Amnesty International Secretary General Agnès Callamard said in a statement, describing the withdrawal as a ‘betrayal of all victims of war crimes.’ She warned other ICC member states not to follow Hungary’s path, and urged the EU and its member states to ‘urgently call’ on Hungary to arrest and surrender Netanyahu.

‘Hamas accused Hungary of “representing a direct threat to global peace and stability” with its withdrawal’

The International Federation for Human Rights (FIDH) went even further, declaring that ‘Orbán must face consequences’ for the withdrawal and calling for Hungary to be stripped of its EU voting rights.

However, few appeared willing to act on those demands. Outgoing German Foreign Minister Annalena Baerbock joined the chorus of criticism, stating: ‘Europe also has clear rules here that apply to all EU members, and that is the Rome Statute. I have repeatedly made it clear that no one in Europe is above the law, and that applies to all areas of law.’ Baerbock’s statement is not only factually incorrect—there is no EU treaty or legal obligation requiring member states to be parties to the Rome Statute, which established the ICC in 2002—but also hypocritical. Not long ago Germany’s soon-to-be Chancellor Friedrich Merz stated that Germany would find a way to host Netanyahu despite the ICC warrant. In addition, Baerbock’s own Chancellor, Olaf Scholz, said on Thursday that he could not imagine the Israeli prime minister being arrested in Germany.

A Long-Awaited Move

In November 2024 the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Israeli Defence Minister Yoav Gallant, alongside Hamas leadership, on charges of alleged war crimes and crimes against humanity related to the Gaza conflict. In response, Prime Minister Orbán announced that he would invite Netanyahu to visit Hungary, assuring that the ICC warrant would ‘not be observed’. Orbán described the warrant as unjustified and guaranteed that the Israeli leader would be able to conduct negotiations in Hungary under appropriate and secure conditions.

As previously reported by Hungarian Conservative, Orbán allegedly instructed three of his ministers in May 2024 to examine the potential consequences of Hungary withdrawing from the ICC’s jurisdiction, amid speculation that a warrant could be issued against Netanyahu. Following former US President Donald Trump’s decision to withdraw the United States from the World Health Organization and impose sanctions on ICC Prosecutor Karim Khan and other court officials, Hungary also hinted at a potential exit. At the time, Orbán posted on X: ‘It’s time for Hungary to review what we’re doing in an international organisation that is under US sanctions!’

Hungary’s withdrawal marks the second major blow to the ICC in recent months. On 2 September 2024 Russian President Vladimir Putin was received for an official visit to Mongolia. Although Mongolia is a member of the ICC and was technically obliged to arrest him, he was instead given a red-carpet welcome in Ulaanbaatar.

During his four-day visit to Hungary, which concluded on Sunday, Netanyahu held a series of meetings. Prime Minister Orbán and the Israeli premier discussed defence cooperation, as well as the uniquely safe position of the Jewish community in Hungary. ‘No Hamas flags have been flown in Hungary, and they will not be flown in the future,’ Orbán stated. Netanyahu also met President Tamás Sulyok and Minister of Foreign Affairs and Trade Péter Szijjártó. The latter meeting focused on strengthening economic, security, and technological ties between Hungary and Israel, including increasing Hungarian investment in the Israeli economy.

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