Hungary may face infringement proceedings from the European Commission after announcing to withdraw from the International Criminal Court (ICC), a move that could breach EU law despite the ICC not being an EU institution.

The EU executive has warned that Hungary’s action undermines common foreign policy obligations, particularly in light of Article 24(3) of the Treaty on European Union, which requires member states to uphold the Union’s external policies in a spirit of loyalty and solidarity.

Prime Minister Viktor Orban announced earlier this month that Hungary intends to withdraw from the Hague-based institution, a move widely seen as a gesture timed to coincide with Israeli Prime Minister Benjamin Netanyahu’s first official visit to Budapest in eight years. The trip marked Netanyahu’s first to a European capital since the ICC issued the warrant against him over alleged war crimes in Gaza in November.

Hungary has justified its withdrawal by arguing that the institution has lost its neutrality and become politicised. Officials also noted that Hungary never ratified the ICC’s founding statutes, meaning the court’s authority was never formally recognised in domestic law. As a result, Budapest insisted that it would not have to enforce ICC mandates on its territory.

Hungary signed the ICC's Rome Statue in 1999, and while the Hungarian parliament confirmed the document in 2001, it was not promulgated into Hungarian law. Terminating the country's membership must be approved by parliament. Once that decision is passed, a written notification will be sent to the secretary-general of the United Nations and will become effective a year later, he added.

According to an earlier report by the Times of Israel, the ICC has formally asked Budapest to explain its refusal to act on an arrest warrant for the Israeli leader.  The ICC cited Article 87 of the Roman Statutes "which allows for proceedings to be initiated against states that fail to cooperate with the court," the website said. Hungary has been given until May 23 to respond.

Commission spokesperson Anouar El Anouni on Tuesday, April 29, said that the EU fully supports the ICC and the principles of the Rome Statute, including the court’s independence and impartiality. He added that under Article 24(3) of the Treaty on European Union, Hungary is obliged to support the bloc’s common foreign and security policy in a spirit of loyalty and solidarity.

Eurologus website noted that the European Court of Justice is already handling an infringement case after Hungary voted against an agreed EU position on cannabis reclassification at a UN narcotics session. In that case, the Advocate General concluded Hungary had breached both EU unity and exclusive competences, principles that the Commission says may now be at stake again.