ICC demands Hungary explain why it didn’t enforce Netanyahu arrest warrant
International Criminal Court cites Rome Statute authorizing proceedings against noncooperative party states; Budapest said during PM’s visit that it would withdraw from the ICC
The International Criminal Court in The Hague on Wednesday requested an explanation from the Hungarian government for its refusal to enforce the international arrest warrant issued by the tribunal against Prime Minister Benjamin Netanyahu during his recent visit to Budapest.
According to the court’s statement, the request was made under Article 87(7) of the Rome Statute, which allows for proceedings to be initiated against states that fail to cooperate with the court, “thereby preventing the court from exercising its functions and powers under the Statute.”
The court claimed that Hungary violated its obligations by refusing to detain Netanyahu despite an official request sent by the court to Budapest on April 3, the day the premier landed in the country.
The ICC gave Hungary until May 23 to provide its submissions in response.
Shortly before meeting with Netanyahu in Budapest, Hungarian Prime Minister Viktor Orban announced that Hungary would be withdrawing from the ICC.
In November 2024, the ICC issued arrest warrants against Netanyahu and then-defense minister Yoav Gallant. The court accused them of directing attacks against the civilian population of the Gaza Strip and of using starvation as a method of warfare by hindering the supply of international aid amid the ongoing war against Hamas, which started when the terror group attacked Israel on October 7, 2023.
Netanyahu and the government have strongly rejected the allegations, pointing to efforts to facilitate the passage of large amounts of humanitarian aid into Gaza during the war, and insisting that the IDF does not deliberately target civilians.
Israel, like the US, is not party to the Hague court, which relies on cooperation from its member states for enforcement. ICC member countries are required to act on the court’s arrest warrants, but have not always done so.
In the wake of the warrants against Netanyahu and Gallant, a number of countries said they would not arrest the prime minister were he to visit, including Hungary, Argentina, the Czech Republic and Romania. Poland said it would seek to shield him from arrest, while France and Italy said they believed he had immunity, as a world leader from a state not party to the ICC.
Lazar Berman contributed to this report.
The Times of Israel Community.