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The Hungarian government announced its decision to withdraw from the International Criminal Court (ICC) on Thursday, coinciding with Israeli Prime Minister Benjamin Netanyahu’s visit to Budapest amidst an ICC-issued arrest warrant against him. This move has raised eyebrows, particularly as Hungary is one of the founding members of the ICC.
Prime Minister Viktor Orban extended the invitation to Netanyahu in November, shortly after the ICC issued the arrest warrant related to alleged war crimes in Gaza. This Israeli offensive was triggered in response to an assault by Hamas fighters on southern Israel. Hungary has historically played a role as a founding member of the ICC, and by treaty obligations, is expected to execute warrants issued by the court.
Israel has categorically dismissed the allegations, labeling them politically driven and rooted in antisemitism. Officials assert that the ICC has undermined its legitimacy by targeting the leader of a democratically elected nation engaged in self-defense.
Despite its founding member status, Orban has rejected the ICC’s authority, denouncing the warrant as “brazen, cynical, and completely unacceptable.” Since signing the ICC’s founding charter in 1999 and ratifying it in 2001, Hungary has not integrated the ICC into its domestic legal framework. Gergely Gulyas, Orban’s chief of staff, confirmed in November that while Hungary ratified the Rome Statute, it never became part of Hungarian law, thus nullifying any obligation to enact ICC measures.
On Thursday, Gulyas announced that the government would initiate the withdrawal process from the ICC, aimed to commence within the day.
Potential Withdrawal Following U.S. Sanctions
The discussion about Hungary potentially exiting the ICC was catalyzed by sanctions imposed on the court’s prosecutor Karim Khan by U.S. President Donald Trump in February. Orban remarked on social media, questioning Hungary’s continued involvement in an international body facing U.S. sanctions.
The legislative bill to begin the year-long withdrawal process is expected to secure approval from the Hungarian parliament, which is heavily influenced by Orban’s Fidesz party. The Netherlands, the host nation for the ICC, communicated that until Hungary’s withdrawal is finalized, it remains responsible for fulfilling its obligations to the court.
“The complete process for withdrawal from the ICC typically spans about a year; during this interim period, Hungary must adhere to all its commitments to the court,” stated Dutch Foreign Minister Caspar Veldkamp during a NATO meeting in Brussels.
Netanyahu has historically received significant support from Orban, who has previously positioned himself as a crucial ally by obstructing EU criticisms directed at Israel. The ICC judges, upon issuing the arrest warrant, pointed to credible evidence suggesting that Netanyahu and his former defense chief were complicit in severe criminal actions, including murder and persecution against civilians in Gaza.
At present, the conflict has reportedly resulted in the deaths of more than 50,000 Palestinians, as per accounts from Palestinian health authorities, and has led to widespread devastation in the Gaza Strip. The recent Hamas-led attack on October 7, 2023, has claimed approximately 1,200 lives in Israel and involved the abduction of over 250 individuals, as per Israeli sources.
Additionally, in November, the ICC issued an arrest warrant for a senior Hamas figure, who was subsequently confirmed dead following the issuance of that warrant.
Source
www.cbc.ca