Orbán Government Exits ICC in Hungary
Hungary ‘s withdrawal from the International Criminal Court (ICC) is an insult to victims and survivors of the world’s worst crimes, Human Rights Watch said today.
Hungarian authorities formally notified the United Nations secretary-general on June 2, 2025, that Hungary is withdrawing from the Rome Statute, the ICC’s founding treaty, following a May 20 decision by the parliament. Prime Minister Viktor Orbán announced his government’s intention to leave the ICC on April 3, during Israeli Prime Minister Benjamin Netanyahu’s visit to Budapest despite an ICC warrant against him for serious crimes in Gaza.
“After refusing to arrest Netanyahu, an ICC fugitive, when he visited the country, Hungary is now doubling down on impunity by leaving the court altogether,” said Liz Evenson, international justice director at Human Rights Watch. “The European Union and ICC members should press Hungary to reconsider this decision given the court’s critical work across the globe.”
Netanyahu and former Israeli Defense Minister Yoav Gallant are wanted by the ICC for alleged war crimes and crimes against humanity committed in Gaza, including starving civilians, intentionally directing attacks against a civilian population, murder, and persecution. Human Rights Watch has documented war crimes, crimes against humanity, and acts of genocide by Israeli authorities in Gaza since October 7, 2023.
ICC member countries have a legal obligation to arrest and surrender anyone sought by the court who is in their territory. ICC judges are currently assessing Hungary’s failure to arrest Netanyahu to make a legal determination on whether Hungary breached its obligation to cooperate with the court. Such a determination could then be transmitted to the ICC Assembly of States Parties for further action.
Hungary’s withdrawal will take effect one year after the notification to the UN secretary-general. Until then, Hungary remains bound by its ICC obligations, including executing the court’s arrest warrants. If Hungary’s withdrawal takes effect, it will become the third ICC member to leave the court. Burundi and the Philippines withdrew from the ICC in 2017 and 2019, respectively. It will also be the only non-ICC member state in the European Union.
The European Union and its member states have long been strong supporters of the ICC and have pledged to support the court’s independence and to ensure cooperation. Adherence to the values of the Rome Statute and its ratification are conditions to be fulfilled for new members to join the EU. Hungary’s withdrawal contradicts common EU objectives and values, Human Rights Watch said.
The Presidency of the ICC Assembly of States Parties expressed regret over Hungary’s withdrawal and, at the time of the announcement in April, reminded Hungary of its ongoing obligations under the Rome Statute. Hungarian international lawyers and civil society organizations also criticized the decision.
A number of EU countries condemned Hungary’s decision. Lithuania, Slovenia, Ireland, and Austria noted that the decision breaches fundamental values of the EU and its shared commitment to international justice, while Poland said that the decision weakens the court. Other EU countries and the European Commission reaffirmed their support for the court and reminded Hungary of its ongoing obligation to cooperate until the withdrawal takes effect.
The EU and its members should press Hungary to reconsider its decision, making clear that leaving the ICC puts Hungary at odds with the EU’s collective commitment to fight impunity for serious crimes and further isolates it from the rest of the EU, Human Rights Watch said.
The worsening situation for democracy and rights in Hungary has already led the European Parliament to initiate a political enforcement process in 2018 under article 7 of the EU Treaty over the risk of Hungary’s actions breaching fundamental EU values, including the rule of law.
The Commission and EU member states should evaluate whether Hungary’s decision to leave the ICC presents a further clear risk of serious breach of EU founding values, laws, and objectives. They should subsequently assess what further measures and action should be taken, including an infringement procedure, or consider including the withdrawal in the scope of the current procedure under article 7 of the EU Treaty.
The Commission has indicated that it “is in the process of analyzing Hungary’s announced withdrawal from the Rome Statute of the ICC in the light of the EU’s acquis,” the body of EU law including the content, principles, and political objectives enshrined in the EU Treaties.
Hungary’s move comes as the ICC is under extreme pressure from Israel and the United States, following the court’s issuance of arrest warrants for Netanyahu and Gallant in November 2024. On February 6, US President Donald Trump issued an executive order that authorizes asset freezes and entry bans on ICC officials and others supporting the court’s work, and imposed sanctions on the court’s prosecutor. On June 5, the US government designated four ICC judges for sanctions under the February order, citing their roles in the Palestine and Afghanistan investigations, which the US opposes.
US sanctions have serious effects that go far beyond the designated individuals and targeted investigations. They could result in the ICC losing access to essential services necessary to carry out its mandate around the world. Hungary’s foreign minister endorsed the Trump administration’s executive order, while most EU member states have condemned it in national and joint statements.
“As international justice and the rule of law are under attack globally, the EU cannot afford to remain passive in the face of one of its own member states’ efforts to weaken the ICC,” Evenson said. “If Hungary’s withdrawal from the ICC is not met with a firm response, the EU risks further undermining its credibility on the international stage and failing its own commitments to uphold the rule of law and advance justice for serious crimes globally.”
https://www.hrw.org/news/2025/06/16/hungary-orban-government-withdraws-from-icc