Hungary Hosts Netanyahu Amid Arrest Warrant, Announces Withdrawal from ICC

Hungary has welcomed Israeli Prime Minister Benjamin Netanyahu for an official visit, despite an outstanding international arrest warrant against him. The visit comes shortly after a military honors reception, where Netanyahu met with Hungarian Prime Minister Viktor Orban. This marks another foreign trip for Netanyahu since the International Criminal Court (ICC) issued a warrant for his arrest in November due to allegations of war crimes and crimes against humanity related to actions in the Gaza Strip.

Netanyahu's previous international engagements included a meeting with U.S. President Donald Trump in February, as both the United States and Israel are not signatories to the ICC's founding treaty and are thus not bound by its arrest warrants.

Orban has publicly criticized the ICC's warrant, labeling it as fundamentally flawed. He has extended an invitation to Netanyahu to visit Hungary, asserting that the ICC's ruling would have no impact on the Israeli leader's safety and freedom. Orban stated that the court's decision exacerbates existing conflicts.

In a significant move, shortly after Netanyahu's arrival, Hungary announced its intention to withdraw from the ICC's statutes, with Orban claiming that the court has become overly politicized. Netanyahu praised this decision as courageous and consistent.

Under Orban's leadership, Hungary has emerged as one of Israel's closest allies in Europe, a notable stance given that the Hungarian government has a history of downplaying its involvement in the Holocaust and has been criticized for conducting anti-Semitic campaigns targeting American-Hungarian financier George Soros. Both leaders share a conservative worldview and an autocratic approach to governance. Reports indicate that Netanyahu aims to garner support in Budapest for Trump's controversial Gaza plan, which proposes the illegal resettlement of Palestinians from the coastal strip.

Despite Hungary's announcement to withdraw from the ICC, the legal obligation to comply with court orders remains in effect under Hungarian law until the withdrawal takes effect one year after formal notice. Nevertheless, with Orban's backing, Netanyahu is unlikely to face significant legal challenges. This scenario mirrors past instances, such as in 2015 when Sudanese leader Omar al-Bashir visited South Africa despite an ICC arrest warrant, leading to domestic legal controversies.

In Hungary, such legal disputes are unlikely given Orban's consolidation of power over the judiciary over the past fifteen years. The rule of law in Hungary has significantly weakened, prompting the European Union to freeze funds allocated to the country.

The treatment of Netanyahu has sparked discussions in other nations as well. There are concerns regarding the implications of treating the leader of a democratic state similarly to terrorist organizations, as the ICC has also initiated proceedings against members of Hamas. Several European governments, including those of France, Italy, Czech Republic, and Poland, have indicated they might disregard the arrest warrant.

Notably, Friedrich Merz, likely to be the next German Chancellor, has extended an invitation to Netanyahu following his electoral victory, stating that arrangements would be made to facilitate the Israeli Prime Minister's visit to Germany. This approach, however, raises legal questions, as over seventy legal scholars from Germany, Austria, and Switzerland recently emphasized the obligation of ICC member states to cooperate regardless of their stance on the legitimacy of the warrant. Nevertheless, Germany's current Chancellor Olaf Scholz reiterated that he does not foresee a situation where Netanyahu would be arrested in Germany.

The handling of the arrest warrant against Netanyahu continues to undermine the credibility of the ICC. While the warrant against Russian President Vladimir Putin has received support even among some Republicans in the U.S., former President Trump has imposed sanctions against the ICC, banning its employees from entering the U.S. and freezing any assets they hold in the country.