Israeli Prime Minister Benjamin Netanyahu attends a joint press conference with US Secretary of State Marco Rubio at the Prime Minister’s office in Jerusalem, Feb. 16, 2025. Photo: Ohad Zwigenberg/Pool via REUTERS

Belgium announced it would not enforce the International Criminal Court (ICC) arrest warrant against Israeli Prime Minister Benjamin Netanyahu over alleged war crimes in Gaza, should he visit Brussels—marking a significant shift from the government’s previous policies.

In an interview with Belgium’s VRT broadcaster on Thursday, Prime Minister Bart De Wever was asked about Hungary’s decision to not act on the ICC warrant against Netanyahu during the Israeli leader’s visit to Budapest this week.

“To be completely honest, I don’t think we would either,” De Wever said during the interview.

“There is such a thing as realpolitik, I don’t think any European country would arrest Netanyahu if he were on their territory. France wouldn’t do it, and I don’t think we would, either.”

As Hungary welcomed Netanyahu to Budapest with full military honors on Thursday, ignoring the ICC arrest warrant against him, the country also announced its decision to withdraw from the international court.

After their meeting, Hungarian Prime Minister Viktor Orban said he believes the ICC is “no longer an impartial court, not a court of law, but a political court.”

“I am convinced that this otherwise important international judicial forum has been degraded into a political tool, with which we cannot and do not want to engage,” Orban said during a press conference.

In November, the ICC issued arrest warrants for Netanyahu, his former defense minister, Yoav Gallant, and now-deceased Hamas terror leader Ibrahim al-Masri (better known as Mohammed Deif) for alleged war crimes and crimes against humanity in the Gaza war.

The ICC said there were reasonable grounds to believe Netanyahu and Gallant were criminally responsible for starvation in Gaza and the persecution of Palestinians — charges vehemently denied by Israel, which until a recently imposed blockade had provided significant humanitarian aid into the enclave throughout the war.

Israel also says it has gone to unprecedented lengths to try and avoid civilian casualties, despite Hamas’s widely acknowledged military strategy of embedding its terrorists within Gaza’s civilian population and commandeering civilian facilities like hospitals, schools, and mosques to run operations and direct attacks.

Belgium’s center-right government, led by De Wever’s National Flemish Alliance party, took power this year after defeating a left-wing coalition led by the Socialist Party, known for its anti-Israel stance.

Under the previous government, Belgium joined South Africa’s genocide case against Israel at the International Court of Justice (ICJ).

Since December 2023, South Africa has been pursuing its case at the ICJ accusing Israel of committing “state-led genocide” in its defensive war against the Palestinian terrorist group Hamas in Gaza.

Last year, Belgium’s former Deputy Prime Minister, Petra De Sutter, said, “War crimes and crimes against humanity cannot go unpunished,” referring to the ICC arrest warrants against Netanyahu.

“Europe must comply. Impose economic sanctions, suspend the Association Agreement with Israel and uphold these arrest warrants,” De Sutter wrote in a post on X.

In line with this position, former Prime Minister Alexander De Croo said in November that Belgium would “assume its responsibility” towards the ICC, emphasizing that “there can be no double standards.”

After the ICC’s decision to issue the warrants, several countries, including Hungary, Argentina, the Czech Republic, Romania, Poland, France, and Italy, have said they would not arrest Netanyahu if he visited.

Germany seems to have a conflicting stance on this matter. During a press conference, German Chancellor Olaf Scholz said he could not imagine the ICC arrest warrant against Netanyahu being executed during a potential visit to Berlin.

However, Germany’s Foreign Minister, Annalena Baerbock, criticized Hungary’s refusal to enforce the arrest warrant against the Israeli leader this week.

“This is a setback for international criminal law,” Baerbock said during a meeting of NATO foreign ministers in Brussels.

“In Europe, no one is above the law. And this applies to all areas of law,” she said.