Criminal court: Netanyahu’s brisant visit to Hungary

Despite an international arrest warrant, Israeli Prime Minister Benjamin Netanyahu in Hungary is received. He does not have to fear that he will be arrested during his several days. Because Hungary’s head of government Viktor Orbán has already announced that the arrest warrant of the International Criminal Court would not be enforced.

What is the starting point?

The International Criminal Court passed the arrest warrant against Netanyahu last November for alleged crimes against humanity and war crimes in the Gaza War. However, the court itself does not have a police night to actually arrest the searched. To do this, it depends on the cooperation of the contracting states.

So would Hungary have to arrest Netanyahu?

Hungary is one of the 125 contracting states of the court. It ratified the basic contract, the so -called Roman statute. After that, the member states are obliged to carry out orders from the court. You have to execute arrest warrants if there is a sought -after in your territory. Accordingly, Hungary has to arrest Netanyahu.

No, says the criminal court. If states have concerns, they are free to consult the court, said a spokesman for the criminal court in the Hague. “However, it is not a matter for the states to one -sidedly decide on the litiness of the legal law of the Court of Justice.” Finally, decisions by the court can also be challenged in court.

Is there no immunity?

This is about a basic principle of the world criminal court: everyone is the same before the court, and nobody can avoid an office of law enforcement.

What happens if a state does not meet its duty?

If a state does not meet its contractual obligation, the court can submit the case of the Conference of the Conference. And this can then decide against further measures against this state. But that will hardly have big consequences. For the court, on the other hand, a lot is at stake. If his orders are disregarded, this undermines the authority of the court.

Is Hungary an isolated case?

Hungary is the first European country to which Netanyahu travels after issuing the arrest warrant. But it is not alone. France, Italy and Poland had already suggested that they would not enforce the arrest warrant. Friedrich Merz, probably the future Chancellor, had also announced that they wanted to invite Netanyahu to Germany. He would find ways that this does not have to be arrested.

What do human rights organizations say?

Organizations such as Amnesty International repeatedly complain that international arrest warrants are not consistently executed by all Member States of the court. “The fact that even German politicians are thinking about protective mechanisms and Friedrich Merz is looking for” means “to receive Netanyahu in Berlin shows the dangerous erosion of the rule of law in the EU,” said Alexander Schwarz from the NGO European Center for Constitutional and Human Rights (Ecchr). “Who (Russia’s President Vladimir) wants to put Putin in court but spares Netanyahu is double -tongued and unbelievable.”