Reacting to the news that Hungary, an International Criminal Court (ICC) member state, has welcomed Benjamin Netanyahu to the country without arrest and stated that it will withdraw from the ICC Agnès Callamard the Secretary General of Amnesty International said:
“Prime Minister Orbán is harbouring a wanted ICC fugitive. Benjamin Netanyahu is accused by the ICC of committing war crimes and crimes against humanity against Palestinians. By welcoming Netanyahu, Hungary is effectively giving a giving a seal of approval to Israel’s genocide, namely the physical destruction of the Palestinian people in whole or in part in Gaza.
“Leaders and officials from ICC member states must not participate in undermining the ICC through meeting with Netanyahu or any other ICC fugitives who are wanted by the Court. Netanyahu’s shameful trip to Hungary must not become an impunity tour of other ICC member states.
“Hungary’s purported withdrawal from the ICC is a brazen and futile attempt to evade international justice and to stymy the ICC’s work. This cynical announcement does not change the fact that Hungary still has a fundamental obligation to arrest and surrender Benjamin Netanyahu to the ICC. Any withdrawal would take effect in one year and must not distract from Hungary’s international legal obligations.
“The EU institutions and member states must be unequivocal about what this visit is: a direct attack by Hungary to undermine the ICC and its work, weaken the European Union at a time when it needs to stand strong and united, and an insult to all victims who are looking for justice.
“The European Union and all ICC member states must urgently call on Hungary to arrest and surrender Netanyahu and firmly commit to defending the Court from insidious threats to international justice which a visit of this kind represents. This moral bankruptcy must be stopped before it spirals into further damage for the international rules-based order.”
Background
Prime Minister Netanyahu’s visit comes 18 months into Israel’s genocide against Palestinians in the occupied Gaza Strip. Israel has killed over 50,140 Palestinians, including over 15,600 children and nearly 114,000 people have been injured. Israel forcibly displaced 1.9 million Palestinians in Gaza and the entire population has been grappling with a spike in disease and battling with starvation as a result of Israel’s unlawful siege, that for over a month has now seen a complete blocking of desperately needed humanitarian aid into Gaza. Just yesterday, Prime Minister Netanyahu announced that he would “seize” territory to “divide up” Gaza.
Withdrawal from the International Criminal Court is possible under Article 127 of the Rome Statute. Such a withdrawal takes effect one year after notification is received by the UN treaty office in New York. Crucially, therefore, withdrawal does not impact Hungary’s current legal obligations as a member state, including to arrest all those subject to ICC arrest warrants and of full cooperation in relation to ongoing investigations.
Its withdrawal is a betrayal of all victims of war crimes and undermines the protections afforded the Hungarian people, as it removes, in a year, their opportunity to seek justice at the ICC for crimes committed against them.
State officials from ICC state parties should sever all non-essential contact with fugitives like Netanyahu who are wanted by the Court. All EU states have committed to avoid such non-essential contacts as official EU policy.