International judiciary: Netanyahu visits Orban – Hungary leaves the World Criminal Court

Israel’s Prime Minister Benjamin Netanyahu has once again entered European soil since issued an arrest warrant by the International Criminal Court (ICC). His Hungarian counterpart Viktor Orban welcomed him to his official seat at Budaer Burg with all the honor of a high state guest.

A few hours earlier, Orban’s Chancellery Minister Gergely Gulyas had announced that Hungary would turn his back on the ICC. The International Court imposed the arrest warrant against Netanyahu at the end of November of the previous year on suspicion of war crimes in the Gaza War.

Hungary is a founding member of the ICC, based in the Hague, who pursues suspects because of war crimes, crimes against humanity, genocide and war of aggression. In this respect, the Central European country should have arrested the Netanyahu, which was occupied by the ICC with arrest warrant. However, this danger never existed. Orban had demonstratively invited the Israeli to Hungary immediately after the arrest warrant was issued and confirmed that he wanted to ignore the arrest warrant. The Israeli head of government had arrived in Budapest on Thursday night. His visit is planned until Sunday.

Orban considers IstGH to be “funds of politics”

“This dish has been degraded into a means of politics,” said Orban in a joint press release with Netanyahu. “His party attitude showed it in his decisions about Israel.” Hungary would not participate, he added. His country canceled the Roman statute, the founding certificate of the ICCHH.

Netanyahu thanked Orban for the support that Israel experiences through Hungary. With the announced exit from the ICC, the Hungarian head of government showed a “brave and fundamental attitude”, said Netanyahu. It is “important to oppose this corrupt organization”. With the issuing of the arrest warrant against him, the ISTGH denies the state of Israel the right to defend itself.

Since October 7, 2023, Israel has carried out military attacks against Islamist Hamas and their allies after they had committed an unprecedented massacre in the population living there in southern Israeli. The terrorists from the Gaza Strip killed 1,200 people and dragged another 250 as hostages into the sealed off coastal area.

Controversial approach of Israel in Gaza

At the same time, Israel’s tough action in the fight against Hamas causes criticism. It brought indescribable suffering through the Palestinian civilian population. According to the Palestinian count – which, however, makes no difference between combatants and civilians – died in the fighting more than 50,000 Palestinians.

According to aid organizations, 85 percent of the population are on the run, at least two thirds of all residential buildings, a large part of the infrastructure such as schools and hospitals are destroyed. The ISTGH can determine the responsibility of leading politicians and the military and act accordingly if there is crime against humanity and war crimes.

Exit does not remove obligations

Hungary is the first European country to leave the World Criminal Court. So far, only the Philippines and the African Burundi have left the ICC. With an exit, Hungary does not freed up from the obligation to enforce the arrest warrant against Netanyahu. A resignation from the basic contract of the court does not come into force until one year after receipt of the written declaration of resignation. But even afterwards there are the obligations that a contracting state had taken over during its membership. Hungary must therefore continue to work with the court in investigations if they had started before leaving.

The International Criminal Court recalled Hungary’s obligation. “The Court is reminiscent of the fact that Hungary is still obliged to work with the ICC,” said a spokesman. However, the court’s sanctions are low. At the same time, disregard for his orders undermines the authority of the court.

In dealing with the state guest Netanyahu, Hungary is not an isolated case. France, Italy and Poland had already let through that they would not enforce the arrest warrant. Friedrich Merz (CDU), probably the future Chancellor, had announced that they wanted to invite Netanyahu to Germany. He would find ways that this does not have to be arrested.

Even the managing Chancellor Olaf Scholz cannot imagine that the international arrest warrant against Netanyahu would be carried out in a possible visit to Germany. During a press with a conversation with the Jordanian King Abdullah II. In Berlin, the SPD politician said to a question: “We have often commented on that. And that there is an arrest in Germany.”

Two politicians, a common pattern

Orban has long maintained good relationships with Netanyahu. Both politicians share similar opinions about the most unlimited government power without too hindrance. And both consider an independent judiciary, an open society and free, critically reporting media as obstacles to their political ambitions.

Orban supports the Netanyahus government without reservation in the Gaza War. As a member of the European Union, Hungary has repeatedly blocked resolutions of the EU, which spoke out in the Gaza Strip for gun rest and more consideration for the Palestinian civilian population. Because of the violations of basic rule of law, the EU has also withdrawn or frozen part of European funding for Hungary.