ICC Rebukes Hungary for Refusing to Carry Out Arrest Warrant for Netanyahu

International human rights organizations joined the world's top war crimes tribunal in condemning Israeli Prime Minister Benjamin Netanyahu's visit to Hungary, expected to begin Wednesday evening—with the leader freely traveling to the European country without fear of being arrested under a warrant issued last year for Netanyahu's actions in Gaza.

Hungarian President Viktor Orbán said last year that he rejected the warrant issued by the International Criminal Court (ICC), which directed member countries to arrest Netanyahu and then-Defense Minister Yoav Gallant for alleged crimes against humanity and war crimes they have committed in Gaza starting October 8, 2023.

Hungary's far-right president—who took control of his country's court system several years ago and has used it to further his own political goals, and who banned LGBTQ+ pride events last month—invited Netanyahu to visit Budapest, while his foreign minister called the warrants "shameful and absurd."

Fadi El Abdallah, a spokesperson for the ICC, said Wednesday that it is not up to ICC signatories to "unilaterally determine the soundness of the court's legal decisions," which member countries are legally obligated to follow, including by making arrests when a suspect who is subject to a warrant sets foot within their borders.

"Any dispute concerning the judicial functions of the court shall be settled by the decision of the court," said El Abdallah.

Orbán said in February that he would "review" Hungary's membership in the ICC after U.S. President Donald Trump approved the use of sanctions against ICC officials.

Al Jazeera reported that Hungary may announce its withdrawal from the ICC this week during Netayahu's visit, which is scheduled from Wednesday until April 6.

Liz Evenson, international justice director for Human Rights Watch, called Orbán's welcoming of Netanyahu "an affront to victims of serious crimes."

"Hungary should comply with its legal obligations as a party to the ICC and arrest Netanyahu if he sets foot in the country," said Evenson.

Western European countries including France, Italy, and Germany have also refused to carry out Netanyahu's arrest under the ICC warrant, with the French foreign ministry claiming the prime minister and Gallant have "immunities" because Israel does not recognize the authority of the ICC.

German Christian Democrats Leader Friedrich Merz said last month that he would "find ways and means for [Netanyahu] to visit Germany and also to be able to leave again without being arrested in Germany," adding that it was "a completely absurd idea that an Israeli prime minister cannot visit the Federal Republic of Germany."

Earlier this week, Erika Guevara-Rosas, the head of global research, advocacy, and policy at Amnesty International, said that every trip Netanyahu takes "to an ICC member state that does not end in his arrest" will embolden Israel " to commit further crimes against Palestinians" in Gaza and the West Bank.

"Netanyahu's visit to Hungary must not become a bellwether for the future of human rights in Europe," said Guevara-Rosas. "European and global leaders must end their shameful silence and inaction, and call on Hungary to arrest Netanyahu during a visit which would make a mockery of the suffering of Palestinian victims of Israel's genocide in Gaza, its war crimes in other parts of the occupied Palestinian territory, and its entrenched system of apartheid against all Palestinians whose rights it controls."

In the U.S., which like Israel does not recognize the ICC and which has backed the Israeli assault on Gaza, Netanyahu received a standing ovation last year when he addressed Congress—while progressive lawmakers protested his visit.

The alleged war crimes Netanyahu and Gallant have been accused of include intentionally attacking civilians and starving Gaza's 2.3 million Palestinian residents since Israel began its military assault on the enclave in retaliation for a Hamas-led attack.

Anita Zsurzsán, an independent scholar based in Budapest, wrote at Jacobin on Wednesday that "liberal critics" of the Hungarian president are doing little to challenge Orbán for inviting Netanyahu to the country.

"It seems that the principle of 'never again' is routinely ignored in Hungary. Netanyahu's visit presents a historic opportunity for Hungarians to challenge Orbán on hosting a war criminal," said Zsurzsán. "But, instead of upholding international law and doing what is right, forces across the Hungarian political spectrum have opted for compliance and silence. As has often happened in Hungarian history, this risks leaving an indelible stain of acquiescence to fascism and genocide on our collective conscience."

"The fact that an internationally charged war criminal can walk free in Hungary with no resistance shows that the fascization of Hungarian society is continuing apace," she added.

Evenson called Orbán's decision to ignore the ICC warrant his "latest assault on the rule of law, adding to the country's dismal record on rights," and called on other ICC members to pressure Hungary to comply with the court's statutes.

"All ICC member countries need to make clear they expect Hungary to abide by its obligations to the court," said Evenson, "and that they will do the same."