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Hungary’s planned withdrawal from the International Criminal Court (ICC) will become effective on June 2, 2026. This decision follows Prime Minister Viktor Orbán’s formal notification to the United Nations. Despite its future exit, Hungary remains obligated to enforce ICC warrants until the withdrawal takes effect, meaning it must arrest individuals like Russian President Vladimir Putin if they enter its territory.
Background on ICC and Arrest Warrant for Putin
In March 2023, the ICC issued an arrest warrant for Vladimir Putin. This warrant stems from allegations of war crimes, particularly concerning the unlawful deportation of children from Ukraine during the ongoing conflict. Russia has vehemently denied these claims, labeling them as “outrageous.”
Political Implications of Hungary’s Withdrawal
Hungary’s departure marks the first case of an EU member state leaving the ICC since its establishment in 2002. The Presidency of the Assembly of States Parties, which oversees the ICC, expressed regret over Hungary’s decision. They noted that this action undermines the collective pursuit of justice and hampers efforts to address impunity.
Challenges Faced by the ICC
The ICC often faces challenges when it comes to enforcing its warrants. Historical instances include:
- South Africa’s failure to detain Sudan’s Omar al-Bashir in 2015, despite a standing war crimes warrant.
- Mongolia and Hungary’s refusal to arrest Israeli Prime Minister Benjamin Netanyahu during recent visits.
These instances led to formal findings of “non-cooperation” from ICC judges, yet they have not resulted in significant sanctions. The court relies entirely on member states to execute arrests, as it lacks its own enforcement mechanisms.
Impact on Global Justice and Authority
Observers of human rights caution that the unwillingness of some nations to act on ICC warrants can severely diminish the court’s authority. Reasons often cited include diplomatic immunity and domestic political pressures. Such failures can embolden individuals accused of serious international crimes, posing a threat to global justice.