Expert on countries over which Binjamin Netanjahu flew to Hungary. ‘Limited to arrest’

• Hungary argued that they would not arrest Binjamin Netanyahu because, although they are a State organization to the global Criminal Court (ICC), the paper establishing this court is considered to be contrary to the Hungarian constitution
• – In global law, there is simply a regulation that the state must not block itself from national law in the face of default," says Dr. Mateusz Piątkowski, investigator of global law at the University of Lodz
• – All countries in the European Union and all countries bordering Hungary are besides ICC countries. Which means that those on which the flight way with the Prime Minister of Israel on board was conducted were besides theoretically obliged to arrest Netanyahu," notes Dr. Piątkowski.
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On Thursday Viktor Orban, Prime Minister of Hungary, visited his country Binjamin Netanyahu, Prime Minister of Israel, behind whom the global Criminal Court (ICC) issued an arrest warrant. On the same day, Prime Minister Orban's chief of law stated that Hungary begins the procedure for leaving the ICC.

Already before the arrival of the Israeli Prime Minister, the government in Budapest has repeatedly declared that Netanyahu, being prosecuted by the ICC on charges of war crimes in the Gaza Strip, in Hungary may feel safe. In the light of these declarations, Netanjah did not endanger to arrest on Thursday, although 124 States Parties to the ICC are obliged to arrest the Prime Minister of Israel as shortly as he appears on their territory. However, The government in Budapest argued that, although Hungary is simply a organization to the ICC, the Rome Statute (the Treaty establishing a tribunal) was not declared in that country due to the fact that it was considered unconstitutional. It is precisely with this unconstitutionality that the arrest of Netanjah in Hungary is not threatened.

They're leaving the ICC. But “for at least 1 year Hungary will be a party”

– This is an interesting argument – says Onet Dr. Mateusz Piątkowski, a scientist from the Department of global Law and global Relations at the University of Lodz. – Formally, normative acts specified as laws and ratified global agreements must be announced in order to apply, but this only matters in national order

However, In the end, this argument does not change much.

– In global law, there is simply a rule that the State must not block itself from national law in the face of default, in this case from the Rome Statute, explains Dr. Piątkowski. He says: "International law is 1 order, national law is another. Hungary is simply a State organization to the ICC and has submitted appropriate ratification declarations in 2001.

But, to simplify, international law is based on the rule that since we have committed something to another countries, we are bound by a commitment . Without this assumption, for example, individual in Russia could conclude that the treaties of the past are flawed under Russian law and so border agreements with Poland concluded during the presidency of Boris Yeltyn do not apply – adds Dr. Piątkowski.

In addition, the investigator notes that after formal termination of the contract, in accordance with the Rome Statute, Hungary is inactive a State-party of the ICC for a time

– This is like the termination of a contract of employment: it only resolves at the end of the period of notice. Hungary will besides be a organization to the Statute of the Roman ICC for at least 1 year, says Dr. Piątkowski.

Binjamin Netanjahu flew over Greece and Serbia

How does the expert at the University measure Thursday's decision of the government in Budapest?

– The departure of Hungary from the ICC organization household is undoubtedly a blow to global justice in its broad sense – says Dr. Piątkowski ICC, an crucial and essential institution that gives real effectiveness to global law: especially to the standards of global humanitarian law. Unfortunately, states putting national interests before cooperation can lead to erosion of many institutions of global law, including the ICC.

But the most interesting 1 seems different from the expert's observations from the University of Lodz.

– All countries in the European Union and all countries bordering Hungary are besides ICC countries. Which means that those of them on which the flight way with the Prime Minister of Israel on board was conducted were besides theoretically obliged to arrest Netanyahu – notes Dr. Piątkowski.

During the interview with the expert at the University of Lodz, we checked that Netanjahu flew to Hungary through the air space of Greece (EU associate State) and Serbia (Hungarian neighbour). Thus, according to Dr. Piątkowski, both of these countries, holding exclusive sovereignty in their airspace, allowed the Netanyahu device to fly. The question is whether specified a plane could have intercepted to arrest the most crucial of the passengers.

– On the another hand, I do not know in the past of the case that anyone attempted to intercept an aircraft with the head of state, whether it was wanted or not. This is simply a very serious issue," says Dr. Piątkowski. As he recalls, the scandal was reflected in the case of Bolivian president Evo Morales, whose plane had to land in Austria in 2013 due to the deficiency of approval to fly neighbouring states: there was a suspicion that Edward Snowden, wanted by the United States, was on board.

on quote rights

way of Thursday flight of the Binjamin Netanyahu aircraft — Screen from Flightradar24

– Looking at the issue as a whole, the problem is that countries are not very keen to arrest a abroad head of state, and we see that. The ICC considers this to be an work for its States Parties to cooperate with the Hague and recognise the ICC as a circumstantial ‘child of Nuremberg’, says Dr. Piątkowski. – There is simply a field of any discussion of a legal nature, due to the fact that there is simply a question of jurisdictional immunity in criminal matters for people like the Prime Minister of Israel, due to the fact that the state is not a organization to the Rome Statute.

However, the ICC, as the onetu interlocutor points out, considers that specified immunity does not apply to proceedings before this tribunal: neither does it apply to advanced representatives of countries that are not organization to the ICC.

– There is besides a point of Putin, who is legally in the same situation as the Prime Minister of Israel – Dr. Piątkowski concludes.