ICC Demands Hungary Explain Why Netanyahu Wasn't Arrested During Visit
The head of Amnesty International in Europe said the court has done "what the E.U. should have: taken legal measures against Hungary for its failure to arrest a fugitive wanted for war crimes."
The International Criminal Court on Wednesday initiated proceedings against Hungary for failing to enforce the tribunal's arrest warrant for Israeli Prime Minister Benjamin Netanyahu during his recent visit to the Central European nation.
The ICC is asking Hungary's far-right government to explain why it did not comply with its warrant for Netanyahu for alleged war crimes and crimes against humanity in Gaza. Such compliance is required under the Rome Statute, the treaty governing the ICC to which Hungary is signatory.
The tribunal's request cites Article 87 of the Rome Statute, which authorizes legal action against state parties who don't cooperate with the court, and gives Hungary until May 23 to respond.
Hungarian Prime Minister Viktor Orbán said shortly before Netanyahu's visit that Hungary would quit the ICC. Not only did Hungary reject the arrest warrant, Orbán literally rolled out the red carpet to welcome his far-right counterpart in Budapest earlier this month, prompting rebuke from the ICC and human rights groups.
In May 2021, ICC Prosecutor Karim Khan applied for warrants to apprehend Netanyahu and former Israeli Defense Minister Yoav Gallant for "crimes of causing extermination, causing starvation as a method of war, including the denial of humanitarian relief supplies, [and] deliberately targeting civilians in conflict."
Khan also sought warrants to arrest three Hamas leaders who have since been killed by Israel for alleged crimes committed during and after the October 7, 2023 attack, including "extermination, murder, taking of hostages, rape, and sexual assault in detention."
The full 18-judge ICC approved the warrants in November, prompting Republicans and dozens of Democrats in the U.S. House of Representatives to pass legislation to sanction tribunal officials. Democrats subsequently blocked the measure in the Senate. Shortly after taking office, President Donald Trump issued an executive order imposing sanctions on the ICC, prompting an ACLU-led lawsuit.
Israel and allies including the United States have either openly flouted the ICC warrant or offered dubious legal reasons for sidestepping the arrest order.
Italy and France, for example, have granted Netanyahu immunity on the grounds that he is the head of state of a country that is not an ICC member.
Trump welcomed Netanyahu to the White House a month before the Budapest trip, though the U.S. is not a party to the Rome Statute.
Although Israel is not signatory to the Rome Statute, officials from non-state parties are still subject to ICC prosecution if they commit crimes inside nations that have ratified the treaty. Palestine became an ICC member in 2015.
Just two years ago France backed the ICC arrest warrant for Russian President Vladimir Putin on Ukraine war crimes charges—even though Moscow has not signed the Rome Statute—arguing that "no one responsible for crimes committed by Russia in Ukraine, regardless of their status, should escape justice."
Last year, an ICC panel referred Mongolia to the court's oversight body after it failed to arrest Putin, who was warmly welcomed by Mongolian President Ukhnaagiin Khürelsükh and other officials in Ulaanbaatar.
Luis Moreno Ocampo, who served as the ICC's first prosecutor,
told the Emirati newspaper The National on Wednesday that Netanyahu remains free thanks to the political influence of countries including the U.S. However, Ocampo said that "this protection is temporary" and accused Netanyahu of prolonging the Gaza war to delay his own domestic criminal corruption trial.
