
Human Rights Watch (HRW) criticized Hungary’s government on Monday for choosing to withdraw from the International Criminal Court (ICC) in reaction to ICC arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant for their roles in alleged war crimes and crimes against humanity in Gaza.
Hungary’s withdrawal will take effect on June 2, 2026, in accordance with Article 127 of the Rome Statute, the founding document of the ICC. Until that date, Hungary will be obliged to continue the enforcement of the Rome Statute under international law, which would include an obligation to arrest anybody subject to an ICC arrest warrant. That being said, Netanyahu already visited Hungary in April, so it is not clear whether Hungary will uphold its Rome Statute obligations before the withdrawal formally takes effect.
HRW called on ICC members, including other EU member states in particular, to encourage Hungary to reconsider the decision. Once Hungary’s withdrawal takes effect, it will be the only EU member state that is not a member of the ICC. This potentially runs contrary to EU law, which requires that member states adhere to the “strict observance and the development of international law” as a foundational value of the Union. The EU announced that it is currently reviewing Hungary’s decision earlier this month.
Previously, Hungary has been sanctioned by the EU for breaching the fundamental values outlined in the EU treaties, such as the rule of law. Depending on the outcome of the EU’s review, the commission could withhold funding from Hungary if its withdrawal is considered a significant enough breach of Hungary’s obligation to uphold international law as outlined in the Treaty on European Union.
Hungary’s decision to leave the court is ostensibly motivated by a belief that the ICC is a “politically motivated court system” that is “anti-Semitic.”
The decision to leave the ICC comes following US sanctions on ICC officials in reaction to investigations into the US and Israel.