Hungary dramatically quits the International Criminal Court and vows to not arrest Netanyahu throughout his Budapest go to regardless of ICC’s conflict crimes arrest warrant

Hungary will withdraw from the International Criminal Court (ICC) and refuse to arrest Benjamin Netanyahu after the organisation issued a warrant for the Israeli Prime Minister.

Prime Minister Viktor Orban has received Netanyahu in Budapest after inviting the embattled leader for a state visit last November – a day after the ICC circulated an arrest warrant over alleged war crimes in Gaza.

Set up in 2002, the ICC, based in The Hague, seeks to prosecute individuals responsible for the world’s gravest crimes when countries are unwilling or unable to do so themselves. 

As a signatory of the Rome Statute, which established the court, Hungary is theoretically obliged to arrest and hand over the Israeli Prime Minister.

But Orban has previously said the ICC’s decision to issue a warrant was ‘brazen, cynical and completely unacceptable’. 

Hungary made the dramatic announcement today shortly after Netanyahu touched down in Budapest – his first trip to Europe since the start of the Israeli invasion of Gaza.

Orban’s chief of staff Gergely Gulyas said: ‘Hungary exits the International Criminal Court.

‘The government will initiate the withdrawal procedure on Thursday, in accordance with the constitutional and international legal framework.’

The process of withdrawing, which will take a year, is likely to be rubber-stampted by Hungary’s parliament and will mean Hungary will become the only European Union country not to be part of the ICC. 

In November, Gulyas noted that that the Rome Statute was ‘never made part of Hungarian law’, meaning that no measure of the court can be carried out within the country.

Orban has also previously hinted at departing the organisation.

In February, following American sanctions on the court’s prosecutor Karim Khan, he said: ‘It’s time for Hungary to review what we’re doing in an international organisation that is under US sanctions.’ 

Since it was founded, the ICC has opened more than 30 cases for alleged war crimes, crimes against humanity, genocide and offences against the administration of justice.

But it doesn’t have its own law enforcement powers, so it relies on its member states to make arrests and transfer suspects to the Hague.

Several major nations, including the US, China, India, Russia and Israel do not recognise the court, hampering its ability to investigate their nationals.

The ICC issued arrest warrants for Netanyahu and Yoav Gallant, the former Defence Minister, after assessing there were ‘reasonable grounds’ to believe that they ‘intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity‘.

The Israeli invasion of Gaza has killed more than 50,000 Palestinians, according to Palestinian health authorities, and devastated the territory. 

Israel has rejected all the accusations. 

Other leaders targeted by the ICC in the past include Russian President Vladimir Putin and Libyan dictator Muammar Gaddafi. The ICC also issued warrants for three Hamas leaders who have since been killed in the conflict.

Human rights groups had called on Hungary to arrest Netanyahu upon entry, and suggested anything less would show ‘contempt for international law’.

Erika Guevara-Rosas the head of Global Research, Advocacy and Policy at Amnesty International, said: ‘Prime Minister Netanyahu is an alleged war criminal, who is accused of using starvation as a method of warfare, intentionally attacking civilians and the crimes against humanity of murder, persecution, and other inhumane acts. 

‘As a member state of the ICC, Hungary must arrest him if he travels to the country and hand him over to the Court. 

‘Any trip he takes to an ICC member state that does not end in his arrest would embolden Israel to commit further crimes against Palestinians in the Occupied Palestinian Territory.

‘Netanyahu’s reported visit should be seen as a cynical effort to undermine the ICC and its work, and is an insult to the victims of these crimes who are looking to the Court for justice. 

‘Hungary’s invitation shows contempt for international law and confirms that alleged war criminals wanted by the ICC are welcome on the streets of a European Union member state.’

Liz Evenson, of Human Rights Watch, added: ‘Allowing Netanyahu’s visit in breach of Hungary’s ICC obligations would be Orbán’s latest assault on the rule of law, adding to the country’s dismal record on rights.’

Last year Prime Minister Sir Keir Starmer backed the ICC following the warrant.

His official spokesman said: ‘The UK will always comply with its legal obligations as set out by domestic law and indeed international law.’

Downing Street added that it respected the ‘independence’ of the court but would not confirm if Netanyahu would be arrested if he visited the UK.