Hungarian lawmakers voted overwhelmingly on Wednesday for the country to remain a member of the International Criminal Court (ICC), reversing a decision made by the previous government of Viktor Orbán. The vote came just days before Hungary was poised to become the only European Union member state not to recognize the jurisdiction of the global tribunal, which prosecutes individuals accused of war crimes, genocide, and crimes against humanity.
Orbán's Withdrawal Announcement
In April of the previous year, Orbán announced that Hungary would begin the process of withdrawing from the ICC, which he criticized as a “political court.” He made these comments while hosting Israeli Prime Minister Benjamin Netanyahu, a longtime ally who is the subject of an ICC arrest warrant, in Budapest.
Magyar's Election Victory and Reversal Pledge
After Péter Magyar was elected prime minister in a landslide victory last month, the new leader repeatedly vowed that his government would reverse the withdrawal before it took effect on June 2. On Monday, Magyar’s government submitted a bill to parliament, initiating a fast-tracked procedure that resulted in 133 of the 199 lawmakers voting in favor of the bill. The legislation must now be signed into law by President Tamás Sulyok, an Orbán-era appointee whom Magyar has repeatedly called on to resign.
ICC's Response and Broader Context
Earlier this week, the ICC’s legislative body hailed Hungary’s plan to reverse the withdrawal, describing it as “essential” to ensuring accountability for the world’s gravest crimes. The U-turn marks a bright moment for the beleaguered institution, which has faced challenges since Donald Trump’s return to power in the US. The Trump administration has imposed sanctions on 11 ICC officials, leaving judges and the chief prosecutor grappling with consequences such as cancelled credit cards and disappearing Amazon and Google accounts. One judge described this as a “direct and flagrant attack” on one of the world’s most prominent courts.
Magyar's Stance on ICC Membership
For weeks, Magyar made it clear that his Tisza party would work to ensure that Hungary, a founding member of the ICC treaty, would not join countries like China, Israel, Russia, and the US that refuse to recognize the court’s jurisdiction. The legislation framed the decision as aimed at maintaining global peace and protecting human rights, stating: “It is essential that those who commit the most serious international crimes be held accountable before an international judicial forum.”
Implications for Netanyahu
Reversing the ICC withdrawal means that Netanyahu would be arrested if he stepped foot in Hungary, Magyar told reporters last month, indicating that the end of Orbán’s time in power meant Israel had lost one of its staunchest allies in Europe. “I believe that if the country is a member of the International Criminal Court, and a person who is wanted by the court enters our territory, then that person must be taken into custody,” Magyar said.
Background on ICC Arrest Warrant
In 2024, the ICC issued an arrest warrant for Netanyahu over allegations of crimes against humanity and war crimes, including starvation as a method of warfare, in Israel’s war against Hamas in Gaza. His office has rejected the court’s “false and absurd” accusations, describing them as fuelled by antisemitism and the politically motivated move of “a biased and discriminatory political body.”
Hungary's Previous Non-Compliance
In July of the previous year, a panel of ICC judges determined that Hungary had failed to comply with its legal obligation to arrest Netanyahu during his visit to Budapest. Noting that the obligation to cooperate had been made sufficiently clear, the judges said the “failure to arrest suspects severely undermines the court’s ability to carry out its mandate.” Before the visit, Hungary had not shared any concerns over the arrest warrants with the court, the judges noted. “Hungary did not engage with the court before or during Mr Netanyahu’s visit and instead decided to unilaterally withhold cooperation,” they said.
