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Defying ICC arrest warrant, Hungary scheduled to host Netanyahu

A view of the International Criminal Court in The Hague, Netherlands. (Photo by AP)

The Israeli regime’s prime minister, Benjamin Netanyahu, is scheduled to visit Hungary on April 2 despite an active International Criminal Court (ICC) arrest warrant for war crimes and crimes against humanity committed by his regime in Gaza.

Netanyahu’s visit poses a direct challenge to international justice, and Hungary is enabling war criminals’ evasion of accountability, Euro-Med Human Rights Monitor reported on Sunday.

Hungary is legally bound to cooperate fully with the International Criminal Court because the country is a State Party to the Rome Statute, which established the ICC.

Under Articles 86 and 89 of the Statute, Hungary is legally bound to the arrest and surrender of any individual subject to an arrest warrant. Netanyahu has an active ICC arrest warrant out on him.

 Hungary claims it is not required to comply with the ICC’s arrest warrant, arguing that it has not “promulgated” the relevant provisions of the Rome Statute into domestic law. However, this argument violates Hungary’s binding obligations under both the Rome Statute and general international law, the Monitor report said.

Hungary ratified the Rome Statute in 2001, and under Article 88, it is legally obligated to ensure that its national legal framework enables full cooperation, including the arrest and surrender of criminals like Netanyahu, it added.

But the country has yet to enact the necessary legislation to shield those accused of atrocity crimes from accountability, the report said.

The Monitor report argued that the state cannot use domestic law as a shield against treaty obligations. This core principle of international law is one that Hungary cannot escape.

Hungary’s refusal to execute the ICC arrest warrant constitutes a serious breach of its obligations under the Rome Statute. It may trigger formal action by the Assembly of States Parties—including condemnation, diplomatic repercussions, and measures to confront deliberate non-compliance, it noted.

By hosting Netanyahu, Hungary is not merely failing to comply with international law—it is providing haven to a fugitive wanted for war crimes and crimes against humanity. It is active complicity, the report argued.

The report warned that allowing non-compliance in this case would set a dangerous precedent that could undermine the enforceability of international criminal law and diminish the ICC’s authority.

Last year, the ICC, based in The Hague, issued warrants for the arrest of Netanyahu and his former minister of military affairs Yoav Gallant, for crimes against humanity and war crimes in Gaza. Israeli authorities are also accused of using hunger as a weapon in Gaza.

ICC judges are expected to deliver a decision on the matter in the coming months.

In January 2024, the International Court of Justice (ICJ) ruled that Israel must take all measures within its power to prevent genocide in Gaza. However, the regime has ignored the court's verdict.

Cuba has now officially declared its intention to join South Africa’s case against Israel at the ICJ.  Cuba is the 14th country to join the case.

 In December 2023, South Africa initiated legal proceedings against Israel, accusing it of breaching the Genocide Convention in its treatment of Palestinians in Gaza.

 


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