Hungary is STILL obliged to arrest Netanyahu – even if it withdraws from the ICC

The International Centre for Justice for Palestinians (ICJP) has today written to the Hungarian minister of justice, Dr Bence Tuzson, regarding the protection of Israeli war crimes suspect Benjamin Netanyahu by Hungarian politicians, flouting their obligations as a State Party to the Rome Statute. ICJP is committed to challenging any actions by the Hungarian government that violate Hungary’s international legal obligations.

Hungary harbouring a wanted war criminal

Hungarian prime minister Viktor Orbán invited Netanyahu to visit Hungary only one day after the International Criminal Court (ICC) issued arrest warrants for Netanyahu and Israel’s defence minister Yoav Gallant, wanted for war crimes. The warrants, issued on 21 November 2024, include charges of Crimes Against Humanity of Murder, the War Crime of Starvation, and Persecution of Palestinian populations, citing Israel’s targeting of the civilian population of Gaza as part of a widespread and systematic government policy.

As a State Party to the Rome Statute, Hungary is obliged to cooperate fully with the ICC. This includes enforcement of arrest warrants for individuals suspected of crimes under international law, including Netanyahu and Gallant.

Under Article 86 of the Statute, Hungary is required to cooperate in good faith with the Court’s requests. Refusal to do so by Hungary would not only be a failure to uphold their obligations, but it would also undermine the very fabric of international justice.

Hungary has now announced that it will withdraw from the ICC, but under Article 127 of the Statute, Hungary’s withdrawal will take effect one year after the date of receipt of the notification.

In the meantime, Hungary is still bound by its Third State obligations, and it is obligated to enforce the ICC’s arrest warrant.

Netanyahu’s charges based on ‘credible’ evidence

The ICC’s arrest warrants are based on credible investigations and legal findings, and are not subject to political discretion by State Parties. The principle of equality before the law is fundamental to both international law and the Hungarian constitutional order.

The ICJP has called on all relevant Hungarian institutions—including the police, prosecution service, and judiciary—to fulfil their duties with independence and integrity, and to resist any political pressure that would undermine the fundamental principles of justice and accountability.

It has also reiterated its commitment to challenging any actions by the Hungarian government that violate Hungary’s international or domestic legal obligations. The ICJP said it “remains committed to advocating for justice for the victims of war crimes and crimes against humanity and ensuring accountability for those responsible”.

ICJP legal officer Zaki Sarraf said:

Orbán’s decision to withdraw from the ICC on the same day as he rolls out the red carpet for Israeli Prime Minister Netanyahu, a wanted war criminal by the ICC, is shameful.

Netanyahu has led a ruthless genocidal campaign in Gaza, which continues to brutalise Palestinians today. Orbán’s decision to circumvent international law for the benefit of his relationship with Israel, a rogue, pariah state, sets a dangerous precedent.

War criminals should not be provided with carte blanche and welcomed into states – accountability is necessary.

Featured image via the Canary