Netanyahu touched down in Budapest on Wednesday and will spend four days in the country on a trip that is, at least in part, a demonstration of willful disobedience to the ICC’s demand that its member states arrest him if given the opportunity.
The Israeli prime minister is accused by the court of using “starvation as a method of warfare” and “intentionally directing an attack against the civilian population” among other crimes against humanity.
Hungary, a party to the Rome Statute that legitimizes the ICC, is obligated on paper to enforce the court’s rulings. In the case of Netanyahu, the ICC demands national authorities detain him and transport him to The Hague to stand trial.
ICC spokesman Fadi El Abdallah said member nations cannot “unilaterally determine the soundness of the Court’s legal decisions” and must act on warrants regardless of objections, according to a Wednesday article from the Associated Press. El Abdallah said objections to rulings should be taken up with the court itself.
“Any dispute concerning the judicial functions of the Court shall be settled by the decision of the Court,” the spokesman said.
The ICC issued its warrant for the arrest of Netanyahu in November 2024, citing “inhumane acts” conducted during Israel’s war against Hamas following the Oct. 7, 2023, terrorist attacks.
However, Hungarian Prime Minister Viktor Orban is an open critic of the institution and rejects its authority. He instigated Netanyahu’s visit last year with a special invitation meant to flaunt his disregard for the court.
“The ICC arrest warrant against Prime Minister Netanyahu is brazen, cynical, and completely unacceptable,” Orban said in November after the warrant was issued. “I invited Prime Minister Netanyahu for an official visit to Hungary, where we will guarantee his freedom and safety.”
The court issued additional warrants in November for former Israeli defense minister Yoav Gallant and Hamas military commander Mohammed Deif, who was later confirmed to have been killed in a July 2024 airstrike by the Israeli military, dissolving the warrant.
This is Netanyahu’s second trip outside of Israel since the warrant was issued, the first being to the United States to visit President Donald Trump in February.
Neither Israel nor the U.S. is a member state of the ICC.
The lack of enforcement by the ICC against Netanyahu raised questions about the institution’s efficacy, but the recent arrest of former Philippine President Rodrigo Duterte has proven the court is not entirely toothless.
Duterte was detained by Filipino authorities last month upon returning to Manila International Airport from a trip to Hong Kong. He was arrested on charges of “crimes against humanity” related to the widespread extrajudicial killings of drug dealers during his 2016-2022 presidency.
Between 12,000 and 30,000 people were killed by police and vigilantes during the purge, though Duterte said he would have been happy to kill far more.
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He ended his term with massive popularity, leaving office with a 70% approval rating.
Duterte’s arrest has sparked protests and counterprotests in the Philippines as a robust legal defense is being prepared for his Hague trial. It could be years before the case is concluded.