EXPLAINER: How member state can withdraw from the International Criminal Court

On Tuesday, the Central European country, Hungary, announced plans to leave the International Criminal Court (ICC).

The announcement was first made by Prime Minister Viktor Orban last year.

Foreign Minister Peter Szijjarto presented a bill to the National Assembly proposing Hungary's formal withdrawal from the International Criminal Court (ICC).

They will, however, not be the first country to threaten or even withdraw their membership.

So far, only Burundi and the Philippines have withdrawn from the court.

Kenya and South Africa have previously threatened to withdraw.

For Kenya, however, after former President Uhuru Kenyatta and his then Deputy William Ruto’s charges on crimes against humanity were withdrawn, the matter was set aside by Kenyan legislators.

Those who backed the then regime were for it, but the opposition was against the move.

At one point 2017, after a heated debate, the African Union (AU) also endorsed a mass withdrawal from ICC membership

What is the ICC?

It is an independent court based in The Hague, Netherlands, that prosecutes individuals accused of committing serious international crimes.

These crimes include genocide, crimes against humanity, war crimes and the crime of aggression.

The court was established in 2002 following the adoption of the Rome Statute – the treaty that outlines the rules for how the ICC operates – in 1998.

A total of 125 countries are parties to the International Criminal Court, and they include 33 from Africa, 19 from the Asia Pacific region, 20 from Eastern Europe, 28 from Latin America and the Caribbean, and 25 from Western Europe and other states.

How to withdraw membership

Withdrawal from the International Criminal Court is allowed under Article 127 of the Rome Statute.

The statute states that “A State Party may, by written notification addressed to the Secretary-General of the United Nations, withdraw from this Statute. The withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.”

It, however, notes that even after withdrawal, a state remains obligated to any issues that began while they were a ratified members of the Rome Statute.

“A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court before the date on which the withdrawal became effective,” section 2 of Article 127 reads.

Countries like China, India, Pakistan, Indonesia and Turkey have not signed the treaty, while others, including Israel, Egypt, Iran, and Russia, have signed but have not ratified it.