Hungary announced plans to withdraw from International Criminal Court (ICC), becoming first European Union (EU) country to do so. The decision was declared as per Article 127 of Rome Statute, with formal withdrawal process requiring written notification to UN Secretary-General (UNSG), and becoming effective one year after submission.
Key Highlights
Geopolitical Timing: The announcement came as Hungarian PM Viktor Orban visited Israeli PM Benjamin Netanyahu, who is subject to an ICC arrest warrant.
Historic Move: Hungary is a founding member of the ICC and will become the first EU nation to withdraw.
Legal Protocol: Under Article 127 of the Rome Statute, the withdrawal becomes effective one year after written notification is sent to the UN Secretary-General.
No Impact on Ongoing Proceedings: Withdrawal does not affect ongoing ICC investigations or cases.
Parliament Approval: Hungary’s parliament is expected to pass the bill initiating the withdrawal process.
ICC Response: ICC has not yet issued an official comment on Hungary’s decision.
Previous Withdrawals: Only Burundi (2017) and Philippines (2019) have withdrawn from the ICC so far.
Implications of Hungary’s Withdrawal
- Political Signal: Seen as a symbolic and strategic political move amidst growing global scrutiny over ICC actions.
- EU Tensions: Could trigger debates within the European Union, which generally supports international legal frameworks.
- Ongoing ICC Actions: Hungary’s withdrawal does not exempt it from cooperating with cases opened prior to the withdrawal becoming effective.
About International Criminal Court (ICC)
| Feature | Details |
| Established | 17 July 1998 (via Rome Statute) |
| Came into Force | 1 July 2002 |
| Headquarters | The Hague, Netherlands |
| Membership | 125 countries (as of 2024) |
| Legal Basis | Rome Statute – defines the ICC’s jurisdiction and functions |
| Mandate | To prosecute individuals for genocide, war crimes, crimes against humanity, and crimes of aggression |
| Jurisdiction | Covers crimes: within the territory of member states; via UN Security Council referral ; by non-member state consent |
Structure of the ICC
| Organ | Function |
| The Presidency | Oversees court administration |
| Judicial Divisions | 18 judges handling legal proceedings |
| Office of the Prosecutor (OTP) | Investigates and prosecutes crimes |
| The Registry | Provides administrative and operational support |
Limitations of ICC
- No Police Force: ICC relies on member states to arrest and transfer suspects.
- Non-Member Nations: USA, China, Russia, North Korea, and Israel are not ICC members and do not recognise its jurisdiction.
- Palestine Jurisdiction: In 2021, ICC ruled it had jurisdiction in Palestine (West Bank, East Jerusalem, Gaza) since the UN accepted Palestine as a member.