EU Should Build on Hungary’s Recommitment to ICC
Article excerpt
Hungary has reversed its decision to withdraw from the International Criminal Court, a move Human Rights Watch sees as a chance for the European Union to strengthen ICC commitments across member states. The reversal marks a significant shift for the country, which had previously signaled plans to leave the court. Rights Watch argues the EU should seize this moment to reinforce support for international justice mechanisms and ICC independence among its members. The organization frames Hungary's U-turn as an opening to build consensus on accountability standards.
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International Criminal Court in The Hague, Netherlands, April 30, 2024. © 2024 Peter Dejong/AP Photo
With Hungary's reversal of its decision to leave the International Criminal Court (ICC), the European Union has an opportunity to extend the significance of this moment for international justice well beyond Budapest. EU leaders should state clearly and with one voice in the conclusion of the upcoming June 18-19 European Council meeting that their support for international justice and the ICC is consistent and unwavering.
References to the ICC in European Council conclusions, the statements issued after the quarterly meetings of the EU heads of governments, have been limited in recent years. This is entirely out of step with a court that is pursuing justice for atrocities globally, from Ukraine to Sudan to Palestine, and as it faces threats and attacks from powerful actors, such as Russia and the United States.
Hungary has formally notified the United Nations secretary-general that it will remain a party to the ICC treaty, the Rome Statute. Hungary’s membership was due to end on June 2, following the former Fidesz government’s decision in 2025 to withdraw.
Hungary's decision to stay with the ICC brings it back into alignment with the shared EU position on the court. It is also a hopeful sign that the new government, sworn in on May 9, is taking steps toward restoring respect for the rule of law in the country.
The EU should reaffirm its steady, principled backing for the global rule of law. Regular, meaningful references to the ICC and its essential global mandate in European Council and in ministerial-level conclusions would be a start. So would reaffirming, in concrete language, member states’ commitment to fulfil their obligation to cooperate with the court, including through the enforcement of all arrest warrants.
Better yet, the EU could best protect the ICC’s independence by activating the EU Blocking Statute to defend against the extraterritorial sanctions imposed by the US, a request repeated by several member states, the European Parliament, and civil society.
Hungary's powerful decision to stay with the ICC should provide new momentum to EU efforts to meet attacks with strengthened resolve to ensure victims’ access to justice.