Belgium would not arrest Prime Minister Benjamin Netanyahu despite an International Criminal Court arrest warrant against him, Belgian Prime Minister Bard De Wever told Flemish-language broadcaster VRT on Thursday.
His comments came on the same day as Hungarian prime minister Viktor Orban announced that his country was withdrawing from the ICC because it had become "too political.” Orban's statements coincided with Netanyahu's visit to Hungary.
De Wever told VRT that he understood why Hungary did not arrest Netanyahu, adding “I don’t think we would do that either, to be completely honest.”
"I don't think there is a single European country that would arrest Netanyahu if he were on its territory, " he continued. "France, for example, wouldn't do that, I don't think we would either.”
De Wever added that there “is such a thing as realpolitik,” says De Wever, meaning that practical considerations weigh more heavily than ethical ones.
Nevertheless, the Belgian PM said he would not go so far as to withdraw from the ICC: "To immediately withdraw from the international legal order, I do not see that connection."
However, ICC lawyer Luc Walleyn told De Standaard that De Wever does not have the legal authority in this matter.
"In Belgium, there is a special law that stipulates that no political intervention is possible for the arrest within the framework of the International Criminal Court."
"It is not up to the Belgian court and certainly not to a Belgian politician to judge this.”
'Dangerous slippery slope'
De Wever's comments drew condemnation from within his government, including from the Christian Democratic and Flemish party (CD&V) which said "such statements undermine international law."
CD&V MP Els Van Hoof said "[the statements] only give leaders with bad ideas ammunition to continue. I would rather not see our country follow the path of countries like Hungary."
Groen - an opposition party - said De Wever was "on a dangerous slippery slope."
"In a country where the separation of powers still applies, it is up to the prosecutor to decide on this", continued MP Staf Aerts (Groen).
The opposition party, Open VLD, called it a "flagrant disregard for international law," and the opposition party, PVDA, said that "De Wever joins the dubious list of European leaders who shamelessly ignore international law."
Vooruit and Les Engagés said that the statements "were not discussed within the government," according to VRT.
Les Engagés added that it is not up to the Belgian government to decide on an arrest in such a case, adding that "Belgium continues to support the International Criminal Court and international rules."
"Any arrest of Netanyahu - should he come to Belgium - is in a legal decision that does not belong to the Belgian government because of the separation of powers."
Human rights organization 11.11.11 condemned De Wever's words: "While the world is watching a livestreamed genocide, these kinds of statements are not just shocking, they are fundamentally unacceptable. Anyone who does not take a position now chooses the side of power, of unprincipled realpolitik, not of justice."
De Wever's statements go against the words of then Prime Minister Alexander De Croo at the end of 2024, who said Belgium would respect the arrest warrant.