Why Hungary Pulled Out Of “Political” ICC Amid Israel PM Netanyahu’s Visit

Hungary has announced its withdrawal from the International Criminal Court (ICC). This decision comes shortly after Israeli Prime Minister Benjamin Netanyahu, who is currently under an ICC arrest warrant, arrived in Hungary for a state visit. Netanyahu has been accused of war crimes and crimes against humanity during the conflict between Israel and Hamas, with ICC judges stating there are “reasonable grounds” to believe he bears “criminal responsibility”.

Hungarian Prime Minister Viktor Orban has been a vocal supporter of Netanyahu, inviting him to Hungary shortly after the arrest warrant was issued in November. Orban has stated that the ICC’s ruling would have “no effect” in his country. Netanyahu has condemned the ICC’s decision, labeling it “antisemitic” and asserting that it undermines Israel’s right to self-defence.

The ICC, established by the Rome Statute, has the authority to prosecute individuals accused of genocide, crimes against humanity, and war crimes. As a founding member of the ICC, Hungary’s withdrawal marks a significant departure from its previous commitment to international justice. This move is also notable given Hungary’s status as the first European Union nation to withdraw from the ICC.

Orban stated that ICC has become a “political court” and that its decision to prosecute Netanyahu “clearly showed” this.

Reactions To Hungary’s Withdrawal

Netanyahu has hailed Hungary’s decision as “bold and principled,” emphasising the need for democracies to stand up against what he perceives as a “corrupt organisation”. Israeli Foreign Minister Gideon Sa’ar has also expressed gratitude to Orban for his “clear and strong moral stance alongside Israel”.

In contrast, Germany’s Foreign Minister Annalena Baerbock has condemned Hungary’s withdrawal, stating that it marks “a bad day for international criminal law”. “Europe has clear rules that apply to all EU member states, and that is the Rome Statute. I have made it clear time and again that no one in Europe is above the law and that applies to all areas of law,” she added.

Implications Of Hungary’s Withdrawal

While Hungary’s withdrawal may not significantly impact the ICC’s operational capacity or legal framework, it may set a precedent for other nations to question or abandon their commitments to international justice. The US, Russia, China, and North Korea are among the nations that have not recognised the ICC’s jurisdiction.

As Hungary prepares to formally withdraw from the ICC, it must provide written notification to the UN Secretary General, with the withdrawal taking effect one year later. The ICC has stated that Hungary remains under a duty to cooperate with the court, despite its withdrawal.

The visit also comes amid escalating tensions in the Gaza Strip, with Israel announcing an expansion of its military offensive and the establishment of a new military corridor to pressure Hamas. The conflict has resulted in significant loss of life, with over 50,000 Palestinians killed, according to health authorities in Gaza.
 



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