Israeli Prime Minister Benjamin Netanyahu traveled to the United States earlier this week to meet President Donald Trump.
Israeli media said during flights from Hungary to the US, Netanyahu avoided flying through certain European countries that could potentially execute an International Criminal Court (ICC) arrest warrant in the event of an emergency landing. The detour added about 400 km (250 miles) to his journey.
Last November, the ICC issued an arrest warrant to Netanyahu and his former defense minister for alleged war crimes against Palestinians in Gaza.
What is ICC?
The ICC is an independent court based in The Hague, Netherlands, and charges individuals accused of committing serious international crimes, including genocide, crimes against humanity, war crimes and invasion crimes.
This is not a state or organization that requires the arrest of the ICC warrantees, but the first court that has the power to hold individuals criminally liable for these crimes.
The ICC was established in 2002 following the adoption of Roman law in 1998.
What is the law of Rome?
Roman law is a treaty that outlines rules regarding how the ICC works.
It was adopted at a diplomatic conference held in Rome, Italy in 1998, where nations from around the world came together to create a judicial system to deal with the most serious crimes against humanity.
Which countries are ICC members?
As of April 2025, 137 countries have signed Roman laws – indicating their intention to participate – of which 125 have officially ratified it and become full members of the ICC.
The countries that have signed or ratified Roman law are shown in the map below.
1999
Fiji, Ghana, Italy, San Marino, Senegal, Trinidad, Tobago
2000
Austria, Belgium, Botswana, Canada, France, Gabon, Germany, Iceland, Lesotho, Luxembourg, Mali, Marshall Islands, New Zealand, Norway, Sierra Leone, South Africa, Spain, Tajikistan, Venezuela
2001
Andorra, Antigua and Barbuda, Argentina, Central African Republic, Costa Rica, Croatia, Denmark, Dominica, Hungary, Liechtenstein, Netherlands, Nigeria, Paraguay, Peru, Poland, Serbia, Slovenia, Sweden, Switzerland, UK Kingdom
2002
Barbados, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Brazil, Bulgaria, Cambodia, Colombia, Democratic Republic of the Congo, Djibouti, Ecuador, Estonia, Gambia, Greece, Honduras, Honduras, Ireland, Jordan, Malawi, Malawi, Malta, Malta, Malta Macedonia, Panama, Portugal, Korea, Romania, St. Vincent, Grenazin, Samoa, Slovakia, Slovenia, Tanzania, Timor Reste, Uganda, Uruguay, Zambia
2003
Afghanistan, Albania, Georgia, Guinea, Lithuania
2004
Burkina Faso, Guyana, Liberia, Republic of Congo
2005
Dominican Republic, Kenya, Mexico
2006
Comoros, Montenegro, St. Kitts, Nevis
2007
Chad, Japan
2008
Cook Islands, Madagascar, Suriname
2009
Chile, Czech Republic
2010
Bangladesh, Moldova, Saint Lucia, Seychelles
2011
Cape Verde, Grenada, Maldives, Tunisia
2012
Vanuatu, Guatemala
2013
Ivory Coast
2015
Palestine
2016
El Salvador
2019
Kiribati
2023
Armenia
2024
Ukraine
So far, only Burundi (2017) and the Philippines (2019) have withdrawn from the courts, but Hungary, which hosted Netanyahu last week, announced the eve of his arrival that he was withdrawing from the ICC.
A state withdrawal from courts will take effect one year after the official notice of withdrawal (usually in the form of a letter) is submitted to the UN Secretary-General’s office.
Should member states arrest Netanyahu in their soil?
Members of the ICC must cooperate fully with the courts in their investigation and prosecution. This includes arresting suspects, providing evidence and witness testimony, and protecting victims and witnesses. It also requires court decisions to be enforced, including the execution of arrest warrants and execution of sentences.
States are also encouraged to incorporate crimes defined by the ICC, such as genocide and war crimes, into domestic law, allowing the legal system to deal with these crimes.
In fact, all this means that countries that are part of the ICC are expected to detain people facing arrest warrants from the court if individuals such as Netanyahu in Hungary are in their territory.
However, the state of ICC members does not actually follow this all the time. In 2017, South Africa, a member of the court, did not arrest then-Prime Minister Omar Al-Bashir of Sudan, who was visiting, despite an ICC warrant against him.
Why did the ICC issue a warrant for Benjamin Netanyahu?
On November 21, 2024, the ICC issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Joa Garant, and Hamas commander Mohamed Deif on suspicion of war crimes.
According to the ICC, there is a “rational basis” to believe that bravery and Netanyahu “deliberately and intentionally took away Gaza civilians of survival-critical objects, such as food, water, medicine, fuel, electricity.”
Israel rejected the accusations as false and politically motivated.
The Biden administration rejected an arrest warrant, calling it “outrageous,” and the Trump administration later imposed sanctions on ICC officials.
What is the relationship between the US and the ICC?
The United States is not a member of the ICC.
In 2000, during Clinton’s presidency, the United States signed Roman law, but was never ratified by the Senate. In 2002, under the control of President George W. Bush, the United States withdrew its signature.
On February 6, 2025, US President Donald Trump accused the ICC of imposing sanctions and targeting both Israel and the United States.
Trump’s executive order alleges that the ICC “abused power” by issuing a warrant for Netanyahu and Gallant, and that the court filed an “illegal” lawsuit against the United States and its “close allies” Israel.
Why is Hungary withdrawing from the ICC?
On Thursday, Hungary announced its decision to withdraw from the International Criminal Court just before Prime Minister Victor Orban received Israeli counterpart Benjamin Netanyahu.
Dutch Foreign Minister Caspar Veldkamp, who hosts the ICC, said on Thursday it will take about a year for Hungary to complete its withdrawal from the ICC.
European Union countries are divided into ICC warrants.
Last year, some said they would meet the ICC’s commitment, but Italy said they had legal doubts, and France said they believe Netanyahu was exempt from the ICC’s actions.
German next Prime Minister Friedrich Merz said in February he would find a way to visit Netanyahu without being arrested.
What are the ongoing ICC cases?
The ICC has 12 continuous investigations including Afghanistan, Bangladesh/Myanmar, Burundi, the Democratic Republic of the Congo (DRC), Court Coast, Libya, Mali, Palestine, Philippines, Sudan, Venezuela, Ukraine, and more.
There have been 32 cases in front of the court, with some with multiple suspects. The ICC judge issued at least 60 arrest warrants.
How many people have the court found guilty?
The ICC judge announced 11 convictions and four innocences. Twenty-one people have been detained at the ICC Detention Center in The Hague, appearing in court, with 31 remaining large. The charges have been dropped against seven people due to their deaths.
Of the 11 convictions, only six were due to core crimes of court war crimes and crimes against humanity. Other crimes include tampering with eyewitnesses. All six men convicted were African fighter jet group leaders in DRC, Mali and Uganda. Conditions ranged from nine to 30 years in prison. The biggest possible term is life sentence.
What is the difference between ICJ and ICC?
The International Criminal Court (ICC) and the International Court of Justice (ICJ) are less than 3km (1.9 miles) in the Dutch city of The Hague.
Both courts are currently considering cases related to Israel and Palestine, but despite similar abbreviations there are some important differences between the two.
In particular, ICJ’s liability includes resolving legal disputes between nations, and the ICC prosecutes individuals for war crimes.
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