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Hungary leaves the ICC: part of a bigger plan?

Orbán is clearly exploring how he can weaken international institutions. His next step: the battle against Brussels.

Apr 4, 2025 15:22 184

Hungary leaves the ICC: part of a bigger plan?  - 1

What the Hungarian prime minister cannot be accused of is acting half-heartedly and hesitantly. In his "matches" Viktor Orbán usually relies on attacks, not defense. And when he is given particularly negative headlines, he tries to add fuel to the fire of indignation.

He behaved in this way during the visit of Israeli Prime Minister Netanyahu to Hungary. Or rather, even before it began. The prime minister's chief of staff, Gergely Guias, announced early in the morning of April 3 that Hungary intends to leave the International Criminal Court. The government had initiated the relevant step, the exit would take place in compliance with all deadlines.

The exit has been under consideration since February

Guyás added that Hungary is in a special legal situation. It has joined the International Criminal Court (ICC) in principle, but because the Hungarian parliament has not published the court's statute - the so-called Rome Statute - Hungary does not feel obliged to execute the arrest warrants issued by it. And now, in order to get out of the controversial situation, Hungary is leaving. The statute was ratified by parliament in 2002, but has never been published.

Although the step has caused great international excitement, it is by no means surprising. When the ICC issued an arrest warrant for the Israeli prime minister on November 21, 2024, it was only a few hours before Orbán completely sided with Netanyahu. The arrest warrant was "shameless, cynical and completely unacceptable", Orbán wrote on the X platform and invited his friend to Hungary, where "he will be guaranteed freedom and security".

A little later - in February this year - Hungarian Foreign Minister Péter Szijjártó said that his country was considering withdrawing from the ICC. Such statements in Orbán's Hungary are usually a signal that a corresponding decision is imminent.

Withdrawing from the ICC - only after a year

Independent Hungarian media and observers commented on the step with shock and sarcasm. The weekly magazine HVG came out with the headline: "What is a criminal court for us? Nobody can tell us who to prosecute and who not to prosecute!". Portal 444 wrote: "Netanyahu could have been detained at the airport, but we chose to leave the ICC".

International law expert Tamás Hofmann told the daily "Blikk" that by leaving the ICC "the Hungarian government is signaling that action against international crimes and the protection of human rights are not important to it".

From a legal point of view, Hungary should be obliged to arrest Netanyahu - despite its planned departure from the ICC. Since this will only become effective after a period of one year, calculated from the date of the written declaration of withdrawal, which must be addressed to the UN Secretary-General.

Withdrawal from the ICC is more than a gift for Netanyahu

At their joint press conference, Viktor Orbán and Benjamin Netanyahu enthusiastically welcomed the withdrawal. Orbán called the ICC a "political court". Netanyahu applauded him and, in turn, said that the court was "corrupt" and threatens democracy.

The fact that Hungary announced its withdrawal from the ICC on the very day of Netanyahu's visit is more than a gift to Orbán's visiting friend.

The Hungarian prime minister has announced a new major political offensive this year: it is about "fighting the Brussels empire", about transforming the EU into a union of sovereign states supported only by economic interests, and not least about fighting all of Orbán's critics. In a speech on the occasion of the national holiday on March 15, Orbán called them "wooden people who have been hibernating" and who must now be "liquidated".

Since Donald Trump took office, Orbán undoubtedly believes that the current moment is particularly favorable for such an offensive. In addition to the American president, he also relies on his allies from the party alliance "Patriots for Europe" - meanwhile the third strongest faction in the European Parliament.

In this sense, leaving the ICC can also be interpreted as a kind of test - whether and how international institutions can be attacked and, if possible, destroyed. Leaving the ICC is also related to Hungary's membership in the EU. Membership in the ICC is more or less related to European membership, since for the EU the ICC is part of its system of justice and values. Hungary is the only country in the Community that is leaving the ICC. Therefore, the question arises whether Orban is not also striving for Hungary's exit from the Community.

Orban wants another European Union

For now, Orban says Hungary will stay in the EU - but in a union that he has changed to suit his own needs. Leaving the EU would not be politically feasible in Hungary at the moment and would spell the end of Orban's political career. However, the Hungarian prime minister continues to attack the EU, claiming that migration could mean Europe losing its Christian roots. He has also been very hostile towards the LGBTI community.

In Hungary itself, Orban has launched a major campaign against his critics - he has spoken of a "great Easter purge". His aim seems to be to consolidate his power to such an extent that political alternatives are almost impossible. At the same time, there is growing dissatisfaction in Hungary with corruption and authoritarian tendencies in the government. This is also evident from the fact that the opposition party "Tisza", founded last year ("Respect and Freedom") is significantly ahead of Orbán's party in the polls. The chairman of "Tisza" Péter Magyar is currently the most popular politician in the country.

However, the journalist Imre Para-Kovács is not optimistic about possible political changes. "Hungary is immune to change", he writes. The hope of some that the country could fundamentally change is, from his point of view, an illusion of "sympathetic dreamers".

Author: Keno Fersek