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'Must be taken into custody': Hungary PM-elect Magyar to halt withdrawal from ICC, hints at Netanyahu's arrest

'Must be taken into custody': Hungary PM-elect Magyar to halt withdrawal from ICC, hints at Netanyahu's arrest

A combination image of Hungary's new PM Peter Magyar and Israeli PM Benjamin Netanyahu Photograph: (AFP | WION Combination Image)

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Péter Magyar said Hungary would detain Benjamin Netanyahu if he enters while wanted by the International Criminal Court. He also plans to halt Hungary’s ICC exit, signalling a policy shift from Viktor Orbán.

Hungary’s new Prime Minister-elect Peter Magyar on Monday (Apr 20) said that his country would take Israeli Prime Minister Benjamin Netanyahu into custody if he enters Hungarian territory. This comes despite Hungary’s former Prime Minister Viktor Orban announcing a withdrawal from the International Criminal Court (ICC) in April 2025, calling it "politically biased." Magyar said that he will put on halt the ICC withdrawal. The date for the official withdrawal is on June 2, which would be a year after Hungary filed a formal withdrawal notification to the UN secretary-general.

It must be noted that the ICC issued an arrest warrant for Netanyahu and former Defense Minister Yoav Gallant in November 2024 over alleged war crimes and crimes against humanity. All members of ICC are legally bound under Article 89 of the Rome Statute to comply with requests for the arrest and surrender of individuals.

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Netanyahu to be arrested in Hungary?

On his announcement to not pull out of ICC, reporters asked the new Hungarian PM if it would mean Netanyahu’s arrest. Magyar said: “I made this clear to the Israeli prime minister as well … it is the Tisza government’s firm intention to stop this and ensure that Hungary remains a member of the ICC. If a country is a member of the ICC and a person who is wanted by the ICC enters our territory, then that person must be taken into custody."

Magyar extended an invitation to Netanyahu to visit the country during a "warm introductory call" on April 15. Netanyahu is set to attend a ceremony in October 2026 celebrating the 70th anniversary of the 1956 Hungarian Uprising. However, Magyar's response on Israeli PM's arrest might result in change of plans by Netanyahu. He had visited Budapest in April 2025, when Orban refused to arrest him saying he has already announced withdrawal from ICC.

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However, several countries have refused to comply with Article 89 of the Rome Statute of the ICC. Citing Article 98 of the ICC statute, France argued that arresting Netanyahu would contravene other agreements it has with Israel. Article 98 states that a country cannot “act inconsistently with its obligations under international law with respect to the … diplomatic immunity of a person.” Germany and Italy also granted immunity to the Israeli leader.


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Navashree Nandini

Navashree Nandini works as a senior sub-editor and has over five years of experience. She writes about global conflicts ranging from India and its neighbourhood to West Asia to the...Read More

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