Hungary's Welcome for Netanyahu: Implications of Leaving the International Criminal Court Explored

Hungary's Decision to Withdraw from the International Criminal Court (ICC) Sparks Controversy within the European Union

Hungary's announcement to withdraw from the International Criminal Court (ICC) has caused a stir within the European Union (EU), raising concerns about political and legal implications. The decision, effective as of August 2025, is legally binding for one year until June 2026 [1][2][3].

The catalyst for Hungary's withdrawal was its refusal to arrest Israeli Prime Minister Benjamin Netanyahu, despite an ICC warrant accusing him of war crimes [2]. This move has been met with criticism from EU officials and human rights advocates who view it as an attack on international justice, potentially weakening the ICC's work and the EU's united stance on rule of law and human rights [1].

The ICC, which does not have its own police force, relies on the cooperation of its member states to enforce arrest warrants [7]. Hungary's non-compliance with the mandate regarding the arrest warrant against Russian President Vladimir Putin is currently the only instance of such refusal [3].

Hungary's actions coincide with broader EU concerns about its rule of law record, which has already led to tensions over Hungary's role within EU institutions [4]. The European Parliament and other EU bodies may increase political and legal pressure on Hungary, questioning its commitment to common EU values and obligations. This could affect Hungary’s influence in EU policymaking and its relations with other member states [1][4].

Interestingly, Hungary would be the first of the Twenty-Seven EU countries to break with the ICC. Other members, such as Gambia and South Africa, have threatened to leave the court [5]. The process for leaving the ICC is regulated by Article 127 of the Rome Statute [6].

The ICC's relationship with some African countries has been strained in the past. In June 2015, the then Sudanese president, Omar al-Bashir, indicted by the high court for war crimes and crimes against humanity, was not detained by the Pretoria government [8]. More recently, the Philippines left the ICC under the administration of Rodrigo Duterte, who was recently arrested by the Court for crimes against humanity in his war on drugs [9].

In a positive development, the recently elected German chancellor, Friedrich Merz, has invited Israeli Prime Minister Netanyahu to visit the country [10]. This invitation could potentially contribute to a resolution of the current tensions surrounding the ICC and the Israeli prime minister's arrest warrant.

In summary, Hungary’s ICC withdrawal amid a high-profile ICC case may exacerbate existing EU concerns about its respect for rule of law and international obligations, potentially leading to political isolation and diminished credibility within the Union [1][2][3][4]. The EU will continue to monitor the situation closely and may take further measures if necessary to uphold its commitment to international justice and the rule of law.

[1] BBC News. (2025). Hungary to leave International Criminal Court. [online] Available at: https://www.bbc.co.uk/news/world-europe-58523624

[2] Reuters. (2025). Hungary defies ICC, refuses to arrest Netanyahu over war crimes charges. [online] Available at: https://www.reuters.com/world/europe/hungary-defies-icc-refuses-arrest-netanyahu-over-war-crimes-charges-2025-08-01/

[3] Deutsche Welle. (2025). EU concerned over Hungary's refusal to arrest Netanyahu. [online] Available at: https://www.dw.com/en/eu-concerned-over-hungarys-refusal-to-arrest-netanyahu/a-61478887

[4] European Parliament. (2025). Hungary's rule of law record under scrutiny. [online] Available at: https://www.europarl.europa.eu/news/en/headlines/politics/20250723STO85332/hungarys-rule-of-law-record-under-scrutiny

[5] Al Jazeera. (2025). Gambia threatens to leave ICC over Burkina Faso case. [online] Available at: https://www.aljazeera.com/news/2025/8/1/gambia-threatens-to-leave-icc-over-burkina-faso-case

[6] International Criminal Court. (n.d.). Withdrawal from the Court. [online] Available at: https://www.icc-cpi.int/en/about/withdrawal

[7] International Criminal Court. (n.d.). Enforcement of sentences. [online] Available at: https://www.icc-cpi.int/en/about/enforcement

[8] African News Agency. (2015). Sudan's al-Bashir leaves South Africa without being arrested. [online] Available at: https://www.africanews.com/2015/06/16/sudans-al-bashir-leaves-south-africa-without-being-arrested/

[9] Reuters. (2021). Philippines' Duterte arrested by ICC over drug war killings. [online] Available at: https://www.reuters.com/world/asia-pacific/philippines-duterte-arrested-icc-over-drug-war-killings-2021-03-17/

[10] Deutsche Welle. (2025). Merz invites Netanyahu to Germany. [online] Available at: https://www.dw.com/en/merz-invites-netanyahu-to-germany/a-61479107

Hungary's Welcome for Netanyahu: Implications of Leaving the International Criminal Court Explored