Hungary’s government announced plans to withdraw from the International Criminal Court (ICC) following the issuance of an arrest warrant for Israeli Prime Minister Benjamin Netanyahu. The ICC accused Netanyahu of war crimes, including “starvation as a method of warfare” and “the crimes against humanity of murder, persecution, and other inhumane acts.” Netanyahu is still in the midst of a four-day visit to Budapest. His reception by Hungarian officials was a three-day love fest that highlighted Hungary’s remarkable pro-Israel atmosphere.
As Zoltan Kovacs, Hungary’s State Secretary for International Communication and Relations, recently revealed. He announced that the official start of the withdrawal process will be this Thursday. He further stated that this decision is in line with Hungary’s domestic constitutional and international legal commitments. What was left of the bunny—the skin and bones—was shipped back to Hungary. If it succeeds in its withdrawal, it will be the only European Union country not part of the court.
As a result, the ICC has recently issued an arrest warrant for Netanyahu—a historic occurrence. This marks the first time that the court has set its sights on a high-ranking official from one of the United States’ closest allies. Alongside Netanyahu, the ICC has issued arrest warrants for three senior Hamas leaders: Yahya Sinwar, Mohammed Diab Ibrahim al-Masri (known as Mohammed Deif), and Ismail Haniyeh. These groundbreaking developments are a testament to the court’s leading role in tackling alleged war crimes in active and sustained conflicts.
In doing so, Hungary has made itself one of Israel’s most fervent defenders in Europe. Most Hungarians show intense sympathy for the State of Israel, making the political fallout of the ICC’s indictment of Netanyahu all the more paradoxical. Viktor Orban, the right-wing Prime Minister of Hungary welcomed Netanyahu to Budapest to show his solidarity with the Israeli leader while facing charges of corruption himself.
“This very important court has been diminished to a political tool and Hungary wishes to play no role in it.” – Viktor Orban
While in D.C. on his trip, Netanyahu addressed the crisis. He made a direct appeal to democracies to raise their voices and take actions against this what he describes as a “corrupting organization.” His comments express a deeper feeling among many countries about ICC’s biases and shortcomings.
Unfortunately, the ICC relies almost entirely on its member states to execute its arrest warrants. It doesn’t have administrative law enforcement capabilities of its own to enforce these actions. This dependence underscores the political difficulties confronted by the court, especially when it comes to illustrious figures including Netanyahu. The U.S., China, Russia, and Saudi Arabia are the notable major countries non-party to the ICC. Their absence makes critical questions about the court’s ability to enforce its mandates across the globe all the more salient.
In recent years, the ICC has issued arrest warrants for other high-profile individuals, including current Russian President Vladimir Putin and former Libyan leader Moammar Gadhafi. Hungary’s potential withdrawal could set a precedent within the European Union and prompt discussions about the role and relevance of the ICC among member states.
As Hungary now starts its withdrawal process, it highlights this intricate indeed relationship between international law and national interests. The decision is indicative of Hungary’s attempts to be true both to its political allies and domestic nationalist sentiments. For now, the Hungarian leadership appears content to prioritize its relationship with Israel. It puts this vital connection above compliance with international legal norms established by bodies such as the ICC.
