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NextImg:ICC refers Hungary to oversight body for not arresting Netanyahu during state visit

THE HAGUE, Netherlands — A panel of judges at the International Criminal Court has reported Hungary to the court’s oversight organization for failing to arrest Prime Minister Benjamin Netanyahu when he visited Budapest in April, stating that the move undercut the court’s ability to bring suspects to justice.

The Israeli leader received a red carpet welcome from Hungarian Prime Minister Viktor Orban during a state visit, in defiance of an ICC arrest warrant. Netanyahu and former defense minister Yoav Gallant are accused of crimes against humanity in connection with the war in Gaza.

Israel staunchly rejects the charges, insisting all its warfighting is in accordance with international law and pointing to efforts to avoid civilian casualties and facilitate the entry of international aid. It also disputes the court’s jurisdiction over the matter since the country is not a member of the court.

In a filing released late Thursday, the three-judge panel wrote that “the obligation to cooperate was sufficiently clear to Hungary” and the failure to arrest Netanyahu “severely undermines the Court’s ability to carry out its mandate.”

The ICC has no police force and relies on countries worldwide to execute arrest warrants.

The court’s oversight body, the Assembly of States Parties, has limited powers to sanction Hungary. It will consider the next steps during its annual meeting in December.

A general view of the exterior of the International Criminal Court in The Hague, Netherlands, March 12, 2025. (Omar Havana/AP)

The Hungarian leader, regarded by critics as an autocrat and the EU’s most intransigent spoiler in the bloc’s decision-making, has defended his decision not to arrest Netanyahu.

During the visit, Orban said his country’s commitment to the ICC was “ half-hearted ” and began the process to withdraw Hungary from the court.

Orban signed the Rome Statute, the treaty that created the court, in 2001 during his first term as prime minister.

The court dismissed arguments from Hungary that Parliament never incorporated the court’s statute into Hungarian law, saying “it was Hungary’s responsibility to ensure that such legislation was in place.”

The decision comes as Gaza’s population of more than 2 million Palestinians is in a humanitarian crisis, reliant on the limited aid allowed into the territory and beset with distribution problems, amid Israel’s war against the Hamas terror group, which is still holding 50 hostages.

It’s the third time in the past year that the court has investigated one of its member states for failing to arrest suspects. In February, judges asked Italy to explain why the country sent a Libyan man, suspected of torture and murder, home on an Italian military aircraft rather than handing him over to the court.

In October, judges reported Mongolia to the court’s oversight organization for failing to arrest Russian President Vladimir Putin when he visited the Asian nation.

Times of Israel staff contributed to this report.