Budapest: The International Criminal Court (ICC) has determined that Hungary breached its obligations under the Rome Statute by not arresting Israeli Prime Minister Benjamin Netanyahu during his visit to Hungary earlier this year. The ruling was announced by ICC's Pre-Trial Chamber I, which highlighted Hungary's failure to comply with the court's request for a provisional arrest of Netanyahu, who was on Hungarian soil from April 3 to April 6, 2025.
According to Anadolu Agency, the ICC had issued a secret arrest warrant against Netanyahu in November 2024, which was made public the same day. The court has now referred the matter to the Assembly of States Parties (ASP), the ICC's governing body, to decide on appropriate measures to ensure that states comply with their obligations.
Netanyahu's visit to Hungary was officially invited by the Hungarian government, making it a planned event. Despite this, the ICC Registry reached out repeatedly to Hungary starting March 21, 2025, offering meetings and guidance on the matter. However, Hungary did not consult with the court. When Netanyahu arrived, the ICC issued a formal request for his provisional arrest on April 3, but Hungarian authorities did not take action.
In Hungary's defense, the country cited domestic laws that allegedly prevented such an arrest and claimed that Netanyahu had state immunity because Israel is not a party to the Rome Statute. The ICC judges rejected this argument, stating that the lack or inadequacy of domestic legislation cannot justify non-compliance with obligations under the Statute. The court also emphasized that Hungary remains a full State Party until its announced withdrawal takes effect on June 2, 2026, and noted that Hungary did not inform the court about the claimed conflict of obligations upon receiving the arrest request.