ICC Refers Hungary to Oversight Body Over Non-Arrest of Benjamin Netanyahu

ICC Refers Hungary for Non-Cooperation

The International Criminal Court (ICC) has formally referred Hungary to its oversight body, the Assembly of States Parties (ASP), for failing to cooperate with the court. The referral specifically concerns Hungary's refusal to execute an arrest warrant for Israeli Prime Minister Benjamin Netanyahu during his visit to Budapest in April 2025. This action by the ICC underscores the court's reliance on member states for the enforcement of its mandates and highlights ongoing tensions regarding international legal obligations.

Background on the Arrest Warrant

The ICC issued an arrest warrant for Benjamin Netanyahu on November 21, 2024. The warrant, which also included former Israeli Defense Minister Yoav Gallant, alleges responsibility for war crimes and crimes against humanity committed in connection with the conflict in Gaza. Specific charges include the war crime of starvation as a method of warfare, as well as crimes against humanity such as murder, persecution, and other inhumane acts. As a signatory to the Rome Statute, Hungary, like all 125 ICC member states, was legally obligated to arrest Netanyahu if he entered its territory.

Hungary's Defiance and Withdrawal

Despite the active warrant, Hungarian Prime Minister Viktor Orbán publicly welcomed Benjamin Netanyahu to Budapest in April 2025, reportedly rolling out the 'red carpet' for the Israeli leader. Orbán had previously stated that Netanyahu would be safe in Hungary and criticized the ICC's decision to issue the warrant, calling it 'absurd and shameful'. During Netanyahu's visit, Hungary announced its intention to withdraw from the ICC, a decision formally communicated to the United Nations Secretary-General in June 2025. This withdrawal is expected to take effect one year after notification. Hungary has argued that the court is politically biased and that it lacks the domestic legal framework to enforce such warrants, as it has not incorporated the Rome Statute into its national law.

Role of the Assembly of States Parties

The Assembly of States Parties (ASP) serves as the ICC's primary management and legislative body, comprising all states that have ratified or acceded to the Rome Statute. Its responsibilities include overseeing the court's administration and making decisions on critical issues, including instances of cooperation and non-cooperation by member states. While the ASP possesses limited powers to impose sanctions, it is tasked with considering the next steps in cases of non-compliance. The referral of Hungary marks the third time within a year that the ICC has initiated non-compliance proceedings against a member state, following similar actions against Mongolia for not arresting Russian President Vladimir Putin and Italy concerning a Libyan national. The ASP is expected to deliberate on Hungary's case during its annual meeting in December.