Israeli Prime Minister Benjamin Netanyahu travelled to the United States earlier this week to meet with President Donald Trump.
On his flight from Hungary to the US, Netanyahu avoided flying over certain European countries that might enforce the International Criminal Court (ICC) arrest warrant against him in the event of an emergency landing, according to Israeli media. The detour added roughly 400 km (250 miles) to his journey.
Last November, the ICC issued an arrest warrant for Netanyahu and his former defence minister for alleged war crimes against Palestinians in Gaza.
What is the ICC?
The ICC is an independent court based in The Hague, Netherlands, that prosecutes individuals accused of committing serious international crimes like genocide, crimes against humanity, war crimes and the crime of aggression.
It is the first court with the authority to hold individuals criminally accountable for these crimes, rather than states or organisations, with member states required to arrest those subject to ICC warrants.
The ICC was established in 2002 following the adoption of the Rome Statute in 1998.
What is the Rome Statute?
The Rome Statute is the treaty that outlines the rules for how the ICC operates.
Adopted in 1998 during a diplomatic conference in Rome, Italy, it was where nations worldwide came together to create a justice system for addressing the most serious crimes against humanity.
Which countries are members of the ICC?
As of April 2025, 137 countries had signed the Rome Statute – indicating their intention to join – while 125 of them had formally ratified it, becoming full member states of the ICC.
The countries that have signed or ratified the Rome Statute are shown on the map below.
1999
Fiji, Ghana, Italy, San Marino, Senegal, Trinidad and 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, United Kingdom
2002
Barbados, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Cambodia, Colombia, Democratic Republic of the Congo, Djibouti, Ecuador, Estonia, Gambia, Greece, Honduras, Ireland, Jordan, Latvia, Malawi, Malta, Mauritius, Mongolia, Namibia, Niger, North Macedonia, Panama, Portugal, Republic of Korea, Romania, Saint Vincent and the Grenadines, Samoa, Slovakia, Slovenia, Tanzania, Timor-Leste, Uganda, Uruguay, Zambia
2003
Afghanistan, Albania, Georgia, Guinea, Lithuania
2004
Burkina Faso, Guyana, Liberia, Republic of the Congo
2005
Dominican Republic, Kenya, Mexico
2006
Comoros, Montenegro, Saint Kitts and 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
Guatemala, Vanuatu
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 court, while Hungary — which hosted Netanyahu last week — announced on the eve of his arrival that it was withdrawing from the ICC.
A state’s withdrawal from the court becomes effective one year after it formally submits a notice of withdrawal – usually in the form of a letter – to the office of the United Nations secretary-general.
Are member states required to arrest Netanyahu on their soil?
Member states of the ICC are required to fully cooperate with the court in its investigations and prosecutions. This includes arresting suspects, providing evidence and witness testimony, and offering protection to victims and witnesses. They should also enforce the decisions of the court, which includes executing arrest warrants and enforcing sentences.
States are also encouraged to incorporate crimes defined by the ICC, such as genocide and war crimes, into their national laws, ensuring their legal systems are capable of addressing these offences.
In effect, all of this means that a country that is part of the ICC is expected to take into custody those who face arrest warrants from the court, if those individuals — such as Netanyahu in Hungary — are on their territory.
However, ICC members states have not always followed this in practice. In 2017, South Africa, a member of the court, did not arrest Sudan’s then leader Omar al-Bashir, who was visiting, despite an ICC warrant against him.
Why did the ICC issue an arrest warrant for Benjamin Netanyahu?
On November 21, 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and a Hamas commander, Mohammed Deif, over alleged war crimes.
There are “reasonable grounds” to believe that Gallant and Netanyahu “intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity”, the ICC said.
Israel rejected the charges as false and politically motivated.
The Biden administration rejected the arrest warrant, calling it “outrageous”, while the Trump administration later imposed sanctions on ICC officials.
What is the US’s relationship with the ICC?
The United States is not a member of the ICC.
In 2000, during the Clinton presidency, the US did sign the Rome Statute, but it was never ratified by the Senate. In 2002, under the administration of President George W Bush, the US withdrew its signature.
On February 6, 2025, US President Donald Trump imposed sanctions on the ICC, accusing the court of targeting both Israel and the US.
Trump’s executive order claimed that the ICC had “abused its power” by issuing arrest warrants for Netanyahu and Gallant, asserting that the court had taken “illegitimate” actions against the US and its “close ally” 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 Viktor Orban received his Israeli counterpart, Benjamin Netanyahu.
Foreign Minister Caspar Veldkamp of the Netherlands, which hosts the ICC, said on Thursday that until Hungary’s withdrawal from the ICC was complete, which he said takes about a year, the country must still meet its duties.
European Union countries have been split on the ICC warrant.
Some said last year they would meet their ICC commitments, while Italy has said there were legal doubts, and France has said it believed Netanyahu had immunity from ICC actions.
Germany’s next chancellor Friedrich Merz said in February he would find a way for Netanyahu to visit without being arrested.
What are the ongoing ICC cases?
The ICC has 12 ongoing investigations including from Afghanistan, Bangladesh/Myanmar, Burundi, Democratic Republic of the Congo (DRC), Ivory Coast, Libya, Mali, Palestine, Philippines, Sudan, Venezuela and Ukraine.
There have been 32 cases before the court, with some having more than one suspect. ICC judges have issued at least 60 arrest warrants.
How many people has the court convicted?
ICC judges have issued 11 convictions and four acquittals. Twenty-one people have been held in the ICC detention centre in The Hague and have appeared before the court, and 31 people remain at large. Charges have been dropped against seven people due to their deaths.
Of the 11 convictions, only six have been for the court’s core crimes of war crimes and crimes against humanity. The others were for crimes such as witness tampering. The six convicted men were all African fighter group leaders from the DRC, Mali and Uganda. Terms ranged from nine to 30 years in prison. The maximum possible term is life imprisonment.
What is the difference between the ICJ and the ICC?
The International Criminal Court (ICC) and the International Court of Justice (ICJ) are just less than 3km (1.9 miles) apart in The Hague, a city in the Netherlands.
Both courts are currently looking at cases related to Israel and Palestine, yet despite their similar abbreviations, there are some key differences between the two.
Notably, the ICJ’s responsibilities include settling legal disputes between states while the ICC prosecutes individuals for war crimes.
