Vladimir Putin’s potential visit to Budapest has sparked a wave of controversy, raising urgent legal and political questions: Can the Russian president, under EU sanctions and an active ICC arrest warrant, legally enter the European Union?
A Controversial Invitation
Following a lengthy phone call with U.S. President Donald Trump, the two leaders reportedly agreed to meet in Budapest to discuss a potential end to the war in Ukraine.
If realized, this would mark Putin’s first visit to EU territory since 2020 — a move that could undermine Western efforts to isolate Moscow and reignite tensions among EU member states.
EU Sanctions: Partial but Powerful
After Russia’s invasion of Ukraine in 2022, the European Union imposed sweeping sanctions against Russian officials, business figures, and entities connected to the Kremlin.
Putin and Foreign Minister Sergei Lavrov were sanctioned early in the conflict. However, their sanctions froze assets but did not impose travel bans — allowing limited diplomatic engagement.
Still, one major barrier remains: the EU’s closed airspace to Russian aircraft. The European Union Aviation Safety Agency (EASA) has banned all planes operated, registered, or owned by Russian entities from entering EU airspace.
Exceptions can only be made for humanitarian, emergency, or diplomatic reasons, and must be approved case-by-case by EU member states.
Putin could either:
- Request diplomatic clearance from nearby EU nations such as Slovakia or Poland, or
- Enter via Western Balkans countries — non-EU candidates — to reach Hungary indirectly.
However, Romania’s NATO presence and Poland’s strong support for Ukraine make either route politically risky.
The European Commission has stated it “welcomes any steps that lead to a just and lasting peace for Ukraine,” but stopped short of confirming whether it would facilitate Putin’s entry for a summit.
The ICC Arrest Warrant: A Legal Minefield
Beyond EU sanctions, Putin faces an active arrest warrant from the International Criminal Court (ICC) for war crimes, specifically the illegal deportation of Ukrainian children to Russia.
All EU member states are bound by the Rome Statute, meaning they are legally obliged to detain individuals wanted by the ICC — including Putin.
Yet, Hungary’s position complicates matters. In early 2025, Prime Minister Viktor Orbán announced Hungary’s intent to withdraw from the ICC after it issued a warrant for Israeli Prime Minister Benjamin Netanyahu.
However, the withdrawal will only take effect in June 2026, meaning Hungary remains legally obligated to enforce the ICC’s rulings for now.
“If Putin lands in Budapest, his arrest should be the logical consequence,” said a senior EU diplomat. “But nobody expects Hungary to comply.”
The ICC, however, lacks enforcement power and depends on member states’ cooperation. Recent examples — including Mongolia and Hungary hosting indicted leaders — highlight the court’s limitations.
Diplomatic Immunity vs. International Law
Under Article 27 of the Rome Statute, no official capacity — including heads of state — shields individuals from prosecution.
However, Article 98 allows exemptions if executing a warrant violates diplomatic immunity obligations to non-member states like Russia.
Experts suggest Hungary could invoke Article 98 to justify non-compliance, arguing that Putin’s diplomatic immunity applies.
This legal gray area has been used before: France cited it when refusing to detain Netanyahu, noting Israel’s non-membership in the ICC.
Thus, Hungary may grant safe passage to Putin, citing similar reasoning.
Political Implications
Whether or not Putin’s visit materializes, the debate underscores Europe’s deep divisions over how to engage with Moscow amid the ongoing war in Ukraine.
If Budapest hosts the summit, it will symbolize a diplomatic victory for the Kremlin, breaking its international isolation and highlighting Hungary’s defiance of EU consensus.
But if the EU blocks Putin’s entry, the Kremlin could exploit the refusal as proof that Europe prefers confrontation over peace — a narrative Moscow continues to push.
