Hungary invites Netanyahu to visit as world leaders split over ICC arrest warrant

ICC

Hungary's prime minister, Viktor Orbán, who is known for his illiberal stance, announced that he plans to invite Israeli Prime Minister Benjamin Netanyahu for a visit, even in light of an arrest warrant issued by the International Criminal Court. This move comes as global leaders are divided over the significant ruling by the ICC.

On Thursday, the world's top criminal court released warrants for Prime Minister Netanyahu, his former defense minister Yoav Gallant, and Hamas commander Ibrahim al-Masri, also known as Mohammed Deif, who is thought to be deceased. They face accusations of war crimes and crimes against humanity.

Orbán, whose nation currently leads the EU presidency and who has previously stated that he would not detain Russian President Vladimir Putin—who is also sought by the ICC—described the decision as "shockingly bold" and "hypocritical."

"We don't have any options in this situation; we must oppose this ruling. I assure Mr. Netanyahu that if he visits, the decision won't impact Hungary, and we won't adhere to its conditions," he stated on Friday.

Countries are split on how to react to the arrest warrants, which are the first of their kind issued by the International Criminal Court against leaders of a democratic nation.

Analysts from Eurointelligence stated, "For us Europeans, this warrant reveals a significant conflict between international law, which we adhere to, and our foreign policy, particularly for those member countries that are unwavering in their support for Israel."

Essentially, Netanyahu and Gallant could face arrest if they enter any of the 124 countries that are part of the International Criminal Court (ICC). This includes nations in the European Union, the United Kingdom, Canada, Australia, Brazil, Japan, and many countries across Africa, Latin America, and the Asia-Pacific region.

In truth, the situation is not as straightforward. Both Netanyahu and Gallant can still visit countries that, like Israel, have not signed the Rome Statute, which created the court back in 1998. This includes nations such as the United States, China, India, and Russia.

Netanyahu has criticized the warrants, labeling them as antisemitic, and dismissed the ICC's claims as "ridiculous and false." Meanwhile, Israel's strongest ally, the United States, stated that it fundamentally disagrees with the decision and expressed serious concerns about "procedural mistakes" that it believes contributed to this outcome.

Beijing refrained from directly condemning the arrest warrants. However, Lin Jian, a spokesperson for the foreign ministry, stated on Friday that the country “expects the court to maintain an impartial and fair stance and to act within the bounds of the law.”

Hungary signed and approved the Rome Statute during Orbán's initial time in office, but it has not implemented the related convention due to constitutional concerns. As a result, the country claims that it is not required to follow the decisions of the International Criminal Court (ICC).

Netanyahu expressed his gratitude to Orbàn for his "moral clarity," stating, "In contrast to those who have shown shameful weakness in the face of the unjust decision against Israel's right to defend itself, Hungary is standing firm on the side of justice and truth."

Josep Borrell, who is stepping down as the EU's foreign policy chief, emphasized that the rulings made by the court need to be obligatory. "This is not a matter of politics," he stated on Thursday. "This is a ruling from a court—a court of justice, specifically an international court of justice. Therefore, the court's decision should be honored and put into action."

Several EU countries quickly announced their intention to follow through. Spain, which has consistently been one of the strongest voices against Israel’s actions in Gaza, stated on Friday that Netanyahu would be apprehended if he visited the country.

Spain has joined Ireland and Norway in officially recognizing Palestine as a state. On Thursday, Spanish Labour Minister Yolanda Díaz stated that Madrid stands firmly in support of justice and international law, emphasizing that "the genocide of the Palestinian people must not go unpunished."

An official from Spain's foreign ministry stated on Friday, "Spain honors the ruling of the International Criminal Court and will adhere to its responsibilities under the Rome Statute and international law."

On Thursday, Simon Harris, the Prime Minister of Ireland, released a statement expressing that "Ireland acknowledges the importance of the International Criminal Court. Those who are in a position to help it fulfill its crucial mission must take action immediately."

When questioned on Friday about the possibility of Ireland detaining Netanyahu – the first Israeli prime minister to visit Ireland back in 1996 – if he were to come back, Harris responded, “Yes, definitely. We back international courts and we adhere to their warrants.”

On Thursday, Caspar Veldkamp, the Netherlands' foreign minister, informed the Dutch parliament that the country would be prepared to respond to the warrants if necessary. He also decided to cancel his planned trip to Israel for Friday.

Italy's defense minister, Guido Crosetto, expressed on Friday that Rome views the ICC's ruling as "incorrect" for equating the leaders of "a criminal terrorist group" with those from a nation "working to eliminate" it. Nonetheless, he stated that Italy would be compelled to detain Israeli officials should they come to the country.

“Once a state becomes part of the court, it has to follow its decisions as outlined in the agreement,” Crosetto explained. “Any state that opts to join is required to comply – the only way to avoid this obligation would be to leave the treaty.”

Switzerland stated that it had to adhere to its responsibilities under the statute. In contrast, Norway and various European Union countries, such as France and Germany, were unsure in their responses. They expressed their respect for international law but did not specify whether they would take action.

On Thursday, Christophe Lemoine, a spokesperson for the French foreign ministry, stated that France's response would align with the rules set by the International Criminal Court (ICC). However, he did not specify whether France would detain Israeli leaders if they visited the country, noting that the situation is "legally complicated."

On Friday, Annalena Baerbock, Germany's foreign minister, stated that Berlin is reviewing the arrest warrants. She emphasized that Germany is obligated to respect the court as a nation that acknowledges its authority and upholds international law. However, she mentioned that the issue of whether Netanyahu and Gallant would actually be apprehended remains a "theoretical" matter at this point.

A representative for Prime Minister Keir Starmer stated that the UK acknowledges the independence of the International Criminal Court (ICC). However, they emphasized that there is no moral comparison between Israel, a democratic state, and Hamas and Hezbollah from Lebanon, which they regard as terrorist groups. The spokesperson did not indicate whether the UK will act on the warrants.

Beyond Europe, Canadian Prime Minister Justin Trudeau emphasized that Canada, as one of the original members of the ICC, has consistently maintained the importance of adhering to international law. He stated, “We support international law, and we will follow all the rules and decisions set by the international courts.”

Turkey described the ICC’s ruling as a "delayed yet encouraging move to halt the violence and end the genocide in Palestine." Meanwhile, South Africa, which has accused Israel of genocide in Gaza before the ICC, stated that the decision represents "an important advancement toward justice for the crimes against humanity and war crimes occurring in Palestine."

Argentina's prime minister, Javier Milei, a strong supporter of Netanyahu, referred to the warrants as "an action that misrepresents the essence of international justice." He continued, saying, "This decision overlooks Israel's rightful ability to protect itself from ongoing assaults by terrorist groups like Hamas and Hezbollah."

Further contributions by Lorenzo Tondo and Sam Jones.

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