Hungary: Arrest Netanyahu if He Visits, Human Rights Watch Urges

Budapest – Hungary faces renewed international pressure to fulfill its obligations under international law as Israeli Prime Minister Benjamin Netanyahu plans a visit to speak at the Conservative Political Action Conference Hungary on March 21, 2026. The planned trip comes as Hungary prepares for national elections on April 12, and just months before its formal withdrawal from the International Criminal Court (ICC) takes effect on June 2, 2026. The core issue: an outstanding arrest warrant issued by the ICC for Netanyahu, alongside former Israeli Defense Minister Yoav Gallant, over alleged war crimes and crimes against humanity committed in the Gaza Strip.

The ICC Warrant and Hungary’s Complicated Position

The International Criminal Court issued arrest warrants for Netanyahu and Gallant on November 21, 2024, citing reasonable grounds to believe they bear criminal responsibility for alleged atrocities committed in Gaza beginning October 8, 2023. The warrants relate to alleged crimes against humanity – acts like murder, torture, and deportation committed as part of a widespread or systematic attack on a civilian population – and war crimes. As a signatory to the Rome Statute, the treaty establishing the ICC, member states are generally obligated to arrest individuals subject to ICC warrants within their territory.

However, Hungary’s situation is complex. In April 2025, Netanyahu visited Hungary without being arrested, prompting a finding of non-compliance by the ICC’s Pre-Trial Chamber I. The Chamber determined that Hungary failed to fulfill its international obligations by not provisionally arresting Netanyahu during his April 2-6, 2025 visit. This finding was subsequently referred to the Assembly of States Parties, the ICC’s management oversight body, in July 2025. The Assembly noted the judicial finding in December 2025, but did not take more decisive action. Shortly after Netanyahu’s April 2025 visit, Hungary announced its intention to withdraw from the ICC, a process formally initiated on June 2, 2025, with the notification to the United Nations Secretary-General. Despite the impending withdrawal, Hungary remains legally bound by its obligations under the Rome Statute until June 2, 2026.

Orbán’s Domestic and International Calculus

The timing of Netanyahu’s visit and Hungary’s withdrawal from the ICC are inextricably linked to the political positioning of Hungarian Prime Minister Viktor Orbán. Orbán has consistently voiced support for Israel and has been critical of the ICC’s investigation into alleged war crimes in Palestine. His invitation to Netanyahu following the issuance of the arrest warrant was a clear signal of solidarity. Orbán has also used the ICC issue to bolster his narrative of a “political court” and to rally domestic support ahead of the April 2026 elections.

Orbán’s broader political project since 2010 has involved a systematic effort to consolidate power, undermine the independence of the judiciary, and restrict the space for independent media and civil society. These actions have drawn criticism from the European Union and international human rights organizations. The decision to withdraw from the ICC can be seen as a continuation of this trend, signaling a rejection of international oversight and a prioritization of national sovereignty.

The EU’s Response – Or Lack Thereof

Hungary’s actions have placed the European Union in a difficult position. The EU has a legal framework supporting cooperation with the ICC and promoting the rule of law. However, the EU has been reluctant to take strong action against Hungary, partly due to internal divisions among member states and concerns about escalating tensions with Budapest.

In September 2018, the European Parliament initiated a procedure under Article 7 of the EU treaty to assess whether Hungary’s erosion of the rule of law breached fundamental EU values. However, the European Council, comprised of the heads of state or government of the EU member states, has yet to take concrete action. The European Commission indicated in May 2025 that it was analyzing Hungary’s withdrawal from the ICC in light of EU law, but there has been no indication of further progress. This perceived inaction has led to criticism from some quarters, with concerns that it sends a message of acquiescence to Orbán’s government.

Escalating Regional Tensions and the ICC’s Authority

Netanyahu’s planned visit occurs against a backdrop of escalating regional tensions. Ongoing Israeli-US airstrikes on Iran, and retaliatory strikes by Iran and its proxies, are raising the risk of a wider conflict. Simultaneously, the Israeli military has escalated attacks in Lebanon and ordered evacuations of southern Lebanon, raising concerns about potential war crimes, including forced displacement. These developments underscore the urgent need for accountability for alleged violations of international humanitarian law and human rights law.

Since October 2023, Human Rights Watch has documented evidence of war crimes, crimes against humanity, and acts of genocide committed by Israeli forces in the Gaza Strip. The ongoing restriction of aid entering Gaza has exacerbated the humanitarian crisis, leading to critical shortages of essential supplies. The ICC’s investigation into the situation in Palestine is therefore of paramount importance, and the failure of states to cooperate with the court undermines its authority and the pursuit of justice for victims.

What’s Confirmed, What’s Unclear

Confirmed: Benjamin Netanyahu is scheduled to visit Hungary on March 21, 2026. An ICC arrest warrant remains outstanding for Netanyahu and Yoav Gallant. Hungary is legally obligated to execute that warrant until June 2, 2026. Hungary has announced its withdrawal from the ICC. The ICC has found Hungary to be in non-compliance with its obligations regarding the Netanyahu warrant.

Unclear: Whether Hungary will arrest Netanyahu upon his arrival remains to be seen. The extent to which the EU will respond to Hungary’s continued non-compliance is uncertain. The long-term impact of Hungary’s withdrawal from the ICC on the court’s effectiveness is yet to be determined. The precise nature of discussions between Netanyahu, Orbán, and potentially other leaders (as occurred in 2025 with then-US President Trump) is not publicly known.

Looking Ahead: Procedural Pathways and Potential Responses

The coming weeks will be critical. If Hungary fails to arrest Netanyahu, it will likely face further condemnation from the ICC and its member states. The Assembly of States Parties could potentially impose sanctions or other measures to compel Hungary to comply with its obligations. However, the Assembly’s track record of decisive action has been limited.

EU member states and institutions face increasing pressure to respond more forcefully to Hungary’s actions. They could consider initiating a procedure to determine whether Hungary’s withdrawal from the ICC constitutes a serious breach of fundamental EU values, potentially leading to further legal challenges. The situation highlights the ongoing tension between national sovereignty and international legal obligations, and the challenges of enforcing accountability for alleged war crimes and crimes against humanity. The international community’s response will be closely watched as a test of its commitment to the rule of law and the pursuit of justice.