Hungary stays in ICC; France bans Ben-Gvir

Hungary and France took separate steps on May 23 that added to European pressure on Israel over the Gaza war, with Budapest saying it would remain in the International Criminal Court and Paris banning Israeli National Security Minister Itamar Ben-Gvir. The moves came against the backdrop of ICC arrest warrants issued in November 2024 for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant. Hungary’s decision kept those warrants legally relevant on its territory, while France’s measure escalated a diplomatic dispute over Ben-Gvir’s conduct toward detainees from a Gaza-bound flotilla. ### What exactly did Hungary change on May 23? Hungarian Prime Minister Peter Magyar said on X on Friday that his government was withdrawing Hungary’s intention to leave the ICC. The Jerusalem Post, citing his statement, reported that Budapest had reversed course before its withdrawal from the Rome Statute was due to take effect. June 2, 2026, had been the date when Hungary’s withdrawal was set to become effective, according to the ICC Assembly of States Parties and a U.N. treaty notification. (jpost.com) Hungary had formally notified the United Nations on June 2, 2025, that it would leave the Rome Statute, the ICC’s founding treaty. ### Why does Hungary’s ICC membership matter for Israel? (jpost.com) The ICC said on Nov. 21, 2024, that Pre-Trial Chamber I had issued arrest warrants for Netanyahu and Gallant after rejecting Israel’s jurisdictional challenges in the Palestine case. The court’s case pages say the warrants remain tied to alleged war crimes and crimes against humanity committed from at least Oct. 8, 2023. (icc-cpi.int) Hungary’s continued membership matters because ICC member states are generally expected to cooperate with the court. The Jerusalem Post reported last month that Magyar had said Netanyahu would face arrest if he came to Hungary, even as Budapest sought to maintain ties with Israel. ### Why did France ban Ben-Gvir? France banned Ben-Gvir on May 23 after what The Washington Post described as his “unspeakable” behavior toward activists detained after attempting to reach Gaza by sea. (icc-cpi.int) A Washington Post world digest item said the French move followed outrage over a video in which Ben-Gvir gloated over zip-tied flotilla detainees. The available Washington Post search excerpts do not specify the exact legal form or duration of the French ban. (jpost.com) They do show that Paris publicly linked the decision to Ben-Gvir’s treatment and taunting of the detainees. ### What were the flotilla detainee allegations? South African activists detained while trying to breach Israel’s blockade of Gaza alleged abuse by Israeli soldiers, according to a May 23 Washington Post world wires listing. (washingtonpost.com) The listing did not name all detainees or detail the full incident chronology, but it placed the allegations in the same news cycle as France’s move against Ben-Gvir. May 21 search results from The Washington Post said Ben-Gvir had posted a video in which he gloated over zip-tied detainees, drawing criticism from allied governments. That public reaction appears to have fed directly into France’s decision two days later. ### Does this change the ICC case itself? The ICC case itself was not altered by either European move on May 23. The court’s Palestine case page and its Nov. 21, 2024 statement still list the warrants for Netanyahu and Gallant, and the court said last week that no new arrest warrants had been issued in that situation. (washingtonpost.com) June 2 remains the next concrete date tied to Hungary’s earlier withdrawal filing, because that was when its exit had been scheduled to take effect before Magyar’s reversal. (washingtonpost.com) France’s next step will be measured by whether it publishes further details of the Ben-Gvir ban and whether other European governments adopt similar restrictions. (icc-cpi.int 1) (icc-cpi.int 2)