Hungary said on Thursday it would break with the rest of the EU as it begins procedures for withdrawing from the world’s only permanent tribunal for war crimes and genocide, drawing widespread condemnation.
The announcement came as Israeli Prime Minister Benjamin Netanyahu landed for his first visit to Europe since the International Criminal Court issued an arrest warrant against him in November for war crimes in Gaza.
Explaining the decision, Prime Minister Viktor Orban said the ICC was no longer impartial but had become political, as shown "most clearly by the decisions on Israel".
The decision was made by Gergely Gulyas, Mr Orban's chief of staff. “Hungary will withdraw from the International Criminal Court,” he said. “The government will initiate the withdrawal procedure on Thursday, in accordance with the constitutional and international legal framework.”
Hungary, an EU country, invited Mr Netanyahu immediately after the ICC issued its arrest warrant on charges including using starvation as a method of warfare and crimes against humanity, such as murder. Mr Orban has described the warrant as "shameful", "outrageously impudent" and "cynical".
By taking this position, Mr Orban is openly defying the EU's pro-ICC stance. Member countries of the ICC are required to detain suspects facing a warrant if they set foot on their soil, but the court has no way to enforce that and relies on states to comply.
Set up in 2002, the ICC, based in The Hague, the administrative capital of the Netherlands, seeks to prosecute those responsible for the world's gravest crimes when countries are unwilling or unable to do so themselves.
"It's important for all democracies, it's important to stand up to this corrupt organisation," " Mr Netanyahu said of the ICC at a joint press conference with Mr Orban on Thursday.
Commenting on rumours of the withdrawal announcement, a European Commission representative on Wednesday said the bloc would "deeply regret" Hungary pulling out of the ICC.
Article 127 of the Rome Statute, the founding text of the ICC, says parties can withdraw by written notification to the UN Secretary General. "However, such a withdrawal takes effect one year after notification of the depository and does not affect the state's duty of co-operation in relation to investigations," the representative said.
The ICC on Thursday insisted Hungary was obliged to co-operate with the body. "The court recalls that Hungary remains under a duty to co-operate with the ICC," spokesman Fadi El Abdallah said.
The Hungarian leader has repeatedly clashed with the bloc on issues including Ukraine, Russia and human rights. Yet several EU countries such as Germany and France have also said they would not arrest Mr Netanyahu, who is considered an ally.
Experts say Mr Orban is trying to discredit the ICC. "By hosting a sitting leader charged with war crimes, Orban doesn’t merely signal disregard for accountability; he actively reinforces an emerging global coalition of illiberal leaders who openly disdain human rights and democratic principles," Gabor Scheiring, assistant professor at Georgetown University Qatar, told The National.
"The chilling message is clear: those capable of mass violence, forced resettlements, or even genocide can now anticipate impunity."
The term "genocide" to describe the war on Gaza is disputed by Israel and its western allies but was found to be "plausible" by the International Court of Justice last year.
Mr Orban is "encouraging Netanyahu and his government leaders to continue committing crimes, undermine the path of international justice and perpetuate a policy of impunity", a Palestinian Foreign Ministry statement read.
Meanwhile, Mr Netanyahu, who is scheduled to stay in Hungary until Sunday, has for years cultivated his links with Europe's far-right, despite its anti-Semitic roots.
"Having become a potent symbol of violent confrontation against the Islamic world, Netanyahu has conveniently rebranded these far-right populists into supporters of Israel’s own extreme right," Mr Scheiring said. "But make no mistake: under the rising banner of illiberal extremism, no minority remains safe: not Arabs, not Muslims, and certainly not Jews."
Amnesty International this week called on European and global leaders to pressure Hungary to arrest Mr Netanyahu. “Netanyahu’s visit to Hungary must not become a bellwether for the future of human rights in Europe," said the human rights organisation. "European and global leaders must end their shameful silence and inaction, and call on Hungary to arrest Netanyahu during a visit which would make a mockery of the suffering of Palestinian victims of Israel’s genocide in Gaza."
