Hungary, a founding member of the International Criminal Court (ICC), is now set to become the first European Union nation to withdraw from the court. The withdrawal announcement coincides with Hungarian Prime Minister Viktor Orban’s meeting with Israeli Prime Minister Benjamin Netanyahu, who is currently under an ICC arrest warrant. This timing may suggest a strategic diplomatic alignment or signal a broader political message.
- Withdrawal Mechanics: Although Hungary has signaled its intent, the withdrawal will only take effect one year after the government submits its letter to the United Nations secretary-general. This means any ongoing proceedings remain unaffected during that period.
- Comparative Withdrawals: Prior to Hungary, only Burundi and the Philippines had withdrawn from the ICC, highlighting the rarity of such a move.
Political and Legal Implications
- ICC Jurisdiction and Membership:
- The ICC prosecutes serious international crimes like genocide, war crimes, and crimes against humanity under the Rome Statute, adopted in 1998.
- The move further distinguishes the positions of ICC member states from non-member states such as the US, Russia, China, India, and North Korea.
- Although Israel is not an ICC member, the court has ruled it does have jurisdiction over certain territories following the UN’s acceptance of Palestinian membership.
