International Criminal Court demands Hungary explain Netanyahu immunity

The International Criminal Court (ICC) has formally requested an explanation from Hungary regarding its refusal to detain Israeli Prime Minister Benjamin Netanyahu during his recent visit to Budapest, despite an active arrest warrant issued by the tribunal.

In a statement released on April 16, the Hague-based court said the request was made under Article 87(7) of the Rome Statute, which empowers the ICC to initiate proceedings against state parties that fail to cooperate, “thereby preventing the court from exercising its functions and powers under the Statute,” Caliber.Az reports citing Israeli media.

The court said Hungary had violated its obligations as a member state by not arresting Netanyahu during his visit on April 3, despite having received an official request from the court on the same day. The ICC has given Budapest until May 23 to provide a formal explanation for its noncompliance.

The incident has escalated tensions between Hungary and the ICC. Just prior to Netanyahu’s arrival, Hungarian Prime Minister Viktor Orban announced that his country would be withdrawing from the international tribunal—an apparent preemptive move to sidestep the legal ramifications of hosting the Israeli leader.

The ICC issued arrest warrants for Netanyahu and former Israeli Defense Minister Yoav Gallant in November 2024. Both were accused of directing attacks against the civilian population in the Gaza Strip and of employing starvation as a method of warfare by obstructing humanitarian aid during Israel’s military campaign against Hamas, which began after the group’s large-scale attack on Israel on October 7, 2023.

Netanyahu and his government have forcefully rejected the charges, asserting that Israel has facilitated the delivery of large amounts of humanitarian aid to Gaza and stressing that the Israel Defense Forces (IDF) do not intentionally target civilians.

Israel, like the United States, is not a signatory to the Rome Statute and therefore not subject to the court’s jurisdiction. However, ICC member states are obligated to enforce arrest warrants issued by the tribunal—though compliance has often proven inconsistent.

By Vafa Guliyeva