“In our view, the suspension of citizenship is an unprecedented concept in international law”

Hungarian international lawyers have issued a statement reacting to recent international and domestic events. In their statement, they stand up in favour of the International Criminal Court, against the suspension of citizenship, and argue that Ukraine has the right to seek and receive external assistance.

The Hungarian government announced on 3 April that it was withdrawing from the International Criminal Court (ICC), a move timed to coincide with the visit of Israeli Prime Minister Benjamin Netanyahu. Netanyahu was invited to Hungary by Viktor Orbán in November 2024, after the ICC issued an international arrest warrant for the Israeli leader on charges of intentionally starving the population of the Gaza Strip.

"Bearing in mind that the option of withdrawing from the ICC is an option for all participating states, we would like to remind that any such measure weakens the possibilities for preventing the most serious international crimes, international efforts aimed at protecting the victims of crimes and of holding perpetrators accountable, and may also have a negative impact on the international relations and perception of the state concerned," the statement said.

"Given that Russia committed aggression against the territory of Ukraine by annexing Crimea and then by launching an armed attack on 24 February 2022, we call attention to the fact that a state that is the victim of an armed attack is legally entitled to seek and receive external assistance in exercising its right to self-defence. We also call attention to the fact that the forcible acquisition of territory cannot be recognised as legitimate and that the change of state borders can only be carried out by peaceful means, following the agreement of the states concerned, without any external coercion" – the signatories of the declaration said in relation to the Russian-Ukrainian war.

A legislative proposal that would amend the laws on Hungarian citizenship was submitted to the Hungarian Parliament last week. According to the proposal, the possibility would be created “for the state to suspend – as a last resort –, for a specified period of time, the Hungarian citizenship of persons who also hold the citizenship of another state and whose continued Hungarian citizenship poses a threat to public order, public security or the national security of Hungary.”

The signatory lawyers also added: “In our view, the suspension of citizenship is an unprecedented concept in international law, which may easily be misused. The expulsion of a state's own citizens from their home country may amount to a form of exile and inhumane treatment, and may be contrary to the human rights conventions binding the state concerned. Likewise, we would also recall that the core substance of other human rights, including the freedom of assembly or of expression, which cannot be subject to any legal restrictions, cannot be less than the minimum level of protection required by international law.”

The signatories are: Ádány Tamás, Baller Barbara, Berkes Antal, Csapó Zsuzsanna, Ganczer Mónika, Hoffmann Tamás, Horváth Valéria Eszter, Jeney Petra, Kajtár Gábor, Kaponyi Erzsébet, Kardos Gábor, Kecskés Gábor, Kende Tamás, Kirs Eszter, Kis Kelemen Bence, Kiss Amarilla, Komanovics Adrienne, Lamm Vanda, Lattmann Tamás, Mihajlov Dobromir, Molnár Tamás, Nagy Boldizsár, Nagy Noémi, Őszéné Takó Dalma, Sulyok Gábor, Sulyok Katalin, Szalai Anikó, Szappanyos Melinda, Sziebig Orsolya Johanna, Szigeti D. Péter, Tóth Norbert, Török Csaba, Vizi Balázs