As one of 125 member states of the International Criminal Court, Hungary is legally obliged to arrest Israeli Prime Minister Benjamin Netanyahu upon his arrival in Budapest and transfer him directly to The Hague to face charges of war crimes and crimes against humanity the ICC says he committed during the Gaza war.
The opposite is happening: Hungarian Prime Minister Viktor Orban is rolling out the red carpet for the Israeli leader during a lavish four-day trip in an ostentatious show of solidarity.
When the arrest warrants for Netanyahu and Israel’s former defense minister, Yoav Gallant, were issued in November 2024, Orban called the ICC “brazen, cynical and completely unacceptable,” promising that during any visit to Hungary by Netanyahu, he would “guarantee his freedom and safety.”
ICC’s limited response
Unlike national courts, which use their domestic police to enforce arrest warrants, international courts rely on the justice systems of their member states to detain and transfer suspects; the ICC does not have its own police force.
When a country fails to arrest a suspect, ICC judges can initiate a so-called non-compliance procedure, which can result in a referral to the ICC’s Assembly of States Parties (ASP) or the United Nations Security Council.
Even when referrals occur, very few concrete sanctions can be imposed by the ASP on countries that breach their obligations.
“There aren’t many practical consequences for non-compliance,” Mathias Holvoet, a lecturer in international criminal law at the University of Amsterdam, told DW.
He predicts the ICC will launch such a procedure but has muted hopes for what it could achieve.
“The ICC is famously described as a giant without arms and legs — it cannot really enforce those arrest warrants. It’s up to the political will of states.”
The Israeli leader is also emboldened by his ally in the White House, as US President Donald Trump issued an executive order in February sanctioning the ICC and its Chief Prosecutor, Karim Khan, in direct response to its work on the Netanyahu case.
‘Illiberal ideological allies’
The welcome extended by Hungary is precisely how Netanyahu seeks to diminish the credibility of the court, according to some experts.
“He’s trying to visit as many countries as possible to show that the ICC is a paper tiger and cannot enforce the arrest warrant against him,” explains Holvoet from the University of Amsterdam.
Others believe this trip also serves Netanyahu’s national political interests.
“He can demonstrate that the arrest is not as significant as many members of his domestic opposition claim,” said Daniel Hegedus, a Hungary expert and regional director at the German Marshall Fund think tank. “The visit demonstrates his network, influence, and political freedom.”
“Orban is offering a platform to his long-standing illiberal ideological ally, very much in line with the new policy direction from Washington,” Hegedus added.
Jurisdiction friction
The ICC is a UN-backed court established as the last resort for prosecuting the world’s worst crimes, including genocide. Notably, China, Russia, and the United States are also members.
Israel is not a member of the ICC and maintains that the court has no right to prosecute any of its nationals.
The Palestinian territories were admitted into the court in 2015, and ICC Prosecutor Karim Khan believes that gave him jurisdiction to request the Netanyahu warrant in May 2024.
The evidence held by the ICC against Netanyahu pertains to his alleged involvement in the use of starvation as a method of warfare, murder, persecution, and other inhumane acts during the Gaza war.
Many national leaders have claimed diplomatic immunity when traveling despite arrest warrants from international courts.
In January, Poland said it would permit Netanyahu to visit Holocaust memorial sites despite the ICC warrant, and in March, German Chancellor-hopeful Friedrich Merz extended an invite to his Israeli counterpart to visit Berlin.
Legal experts continue to debate whether head-of-state immunity takes precedence over indictments for war crimes and crimes against humanity.
Netanyahu’s trip not entirely without risk
Experts believe Netanyahu is still taking a gamble with his freedom by visiting an ICC member country.
“You never know what a certain judge in a certain city might do,” said Holvoet.
NGOs are known to file requests in Hungarian courts to try to compel his arrest. “The risk may not be significant, but there is always a risk,” Holvoet noted.
Israeli officials have confirmed that during a February trip to the US, Netanyahu’s plane was forced to take a longer route to fly near US airbases, ensuring it wouldn’t land in a country that respects ICC arrest warrants.
However, Daniel Hegedus believes the chance of Netanyahu being arrested in Hungary is almost zero.
“Hungary is not a democratic country, and we know that the rule of law is largely captured,” he said. “I very seriously doubt that any law enforcement units in Hungary would follow any court action, and not the orders by the government.”
Edited by: Rob Mudge
