By MOLLY QUELL
Netherlands’ THE HAGUE (AP) A group of judges at the International Criminal Court told the court’s monitoring body that Hungary’s failure to apprehend Israeli Prime Minister Benjamin Netanyahu during his April visit to Budapest undermined the court’s capacity to prosecute suspects.
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During a state visit, Hungarian Prime Minister Viktor Orb welcomed the Israeli leader with open arms, despite an ICC arrest order. In relation to the conflict in Gaza, Netanyahu and his former Defense Minister Yoav Gallant are charged with crimes against humanity.
Israel vehemently denies the accusations and is not a party to the court.
The three-judge panel stated in a filing made public late Thursday that Hungary had a clear enough obligation to assist and that the Court’s capacity to fulfill its mandate is seriously compromised by Netanyahu’s incarceration.
The ICC depends on nations worldwide to carry out arrest orders because it lacks a police force.
The Assembly of States Parties, which oversees the court, has limited authority to impose sanctions on Hungary. At its annual meeting in December, it will discuss the next course of action.
The Hungarian leader has defended his choice to not arrest Netanyahu, despite being viewed by some as an autocrat and the EU’s most stubborn spoiler in the bloc’s decision-making process. Orbán declared during the visit that his nation’s commitment to the ICC was hesitant and started the process of Hungary’s withdrawal from the court.
During his first stint as prime minister in 2001, Orbn ratified the Rome Statute, the pact that established the court.
The court rejected Hungary’s claims that the court’s statute was never enshrined in Hungarian law, stating that it was Hungary’s duty to make sure such legislation existed.
The decision was made at a time when the more than 2 million Palestinians living in Gaza are experiencing a severe humanitarian crisis and are now mostly dependent on the meager aid that is permitted to enter the region. By limiting humanitarian aid, Netanyahu and Gallant are said to have used famine as a weapon of war and to have deliberately targeted civilians in Israel’s assault against Hamas in Gaza.
The court has looked into one of its member nations for failing to apprehend suspects for the third time in the last 12 months. Judges questioned Italy in February about why the nation chose to send a Libyan man who was suspected of torture and murder home on an Italian military plane instead of turning him over to the court.
Judges told the court’s monitoring body in October that Mongolia had failed to detain Russian President Vladimir Putin during his visit to the Asian country.
