Belgium’s Prime Minister Bart De Wever raises doubts about his country enforcing an ICC arrest warrant against Benjamin Netanyahu, creating tension between international legal obligations and political realities.

At a Glance

• Belgian PM De Wever publicly stated his country would likely not arrest Netanyahu despite the ICC warrant
• Netanyahu recently visited Hungary where PM Viktor Orban welcomed him and initiated withdrawal from the ICC
• De Wever’s stance has drawn sharp criticism from opposition leaders and human rights groups
• EU countries remain divided, with some pledging to enforce the warrant while others take noncommittal positions
• The ICC has issued warrants for both Israeli and Hamas leaders for alleged war crimes

Belgium’s Stance on the Netanyahu Arrest Warrant

Belgium’s Prime Minister Bart De Wever has publicly expressed skepticism about his country arresting Israeli Prime Minister Benjamin Netanyahu, despite the International Criminal Court (ICC) issuing a warrant for alleged war crimes in Gaza.

De Wever’s comments suggest a reluctance to enforce the warrant that would legally bind Belgium as an ICC member state. While affirming Belgium’s commitment to multilateralism and the international rules-based order, De Wever indicated that practical political considerations might override legal obligations in this high-profile case involving a world leader.

“I don’t think there is a European country that would arrest Netanyahu if he were on their territory. France, for example, wouldn’t do it. I don’t think we would either.”, says Bart De Wever.

De Wever’s position contrasts with Belgium’s traditional support for international justice mechanisms. His remarks came shortly after Netanyahu visited Hungary, where he received a warm welcome from nationalist Prime Minister Viktor Orban.

The Hungarian leader explicitly defied the ICC by hosting Netanyahu and simultaneously announced the beginning of Hungary’s withdrawal process from the international court, a move that has further complicated the European Union’s united response to the ICC warrant.

Growing Tensions Within Belgium

The Belgian prime minister’s position has triggered immediate domestic backlash. Opposition leader Paul Magnette criticized De Wever’s stance, emphasizing that Belgium has both legal and moral obligations to uphold international justice. Magnette argued for an unambiguous Belgian response to the ICC’s warrant, highlighting the potential damage to the country’s reputation as a supporter of international law if it fails to enforce the warrant should Netanyahu enter Belgian territory.

“When an international arrest warrant is issued, when international justice speaks, Belgium must respond. Unambiguously.”, says Paul Magnette.

The Belgian human rights group CNCD 11.11.11 added its voice to the criticism, condemning De Wever’s comments as undermining the integrity of international law. These domestic tensions reflect broader disagreements across Europe about how to balance diplomatic relationships with Israel against commitments to international legal frameworks. While Belgium has traditionally positioned itself as a supporter of international institutions, De Wever’s comments suggest a potential shift in prioritizing political pragmatism.

European Union Divided

The ICC’s arrest warrant for Netanyahu has exposed significant divisions within the European Union. While some members have clearly stated they would enforce the warrant, others have taken more ambiguous positions. Belgium joins the Netherlands, Ireland, Lithuania, Slovenia, and Spain in the group of countries that have officially indicated they would enforce the arrest warrant. Even Austria, traditionally an ally of Israel, has suggested it would comply with international law obligations should Netanyahu enter Austrian territory.

However, major EU powers have adopted notably cautious stances. France has expressed doubts about the ICC’s warrant, suggesting Netanyahu might enjoy immunity as Israel is not an ICC member state. Germany appears torn between supporting the ICC and maintaining its historical ties to Israel, with various government officials sending mixed signals about potential enforcement. Italy has questioned whether an active prime minister can be arrested under such circumstances, citing diplomatic complications.

Hungary’s Defiant Position

Hungary stands alone as the only EU country explicitly defying the ICC’s orders. Prime Minister Viktor Orban not only welcomed Netanyahu to Budapest but announced steps to withdraw from the ICC the same day as the Israeli leader’s visit. This move represents a direct challenge to the authority of the international court and has raised concerns about the future of global justice mechanisms. Orban’s action signals a willingness to prioritize bilateral relations with Israel over commitments to international institutions.

The ICC’s warrant targets both Israeli and Hamas leaders, accusing them of crimes against humanity and war crimes in connection with the Gaza conflict. The court’s decision to issue these warrants has created a complex diplomatic situation for ICC member states, who are technically obligated to arrest warrant subjects if they enter their territories. As the situation continues to develop, the international community watches closely to see which countries will uphold their ICC commitments and which will find ways to avoid enforcing the controversial warrants.