Hungarian Prime Minister Viktor Orbán announced his country would quit the court, claiming on local radio that the ICC was 'no longer an impartial court, not a court of law, but a political court.'
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Judges at the International Criminal Court want Hungary to explain why it failed to arrest Israeli Prime Minister Benjamin Netanyahu when he visited Budapest earlier this month.
In a filing released late on Wednesday, The Hague-based court initiated non-compliance proceedings against Hungary after the country gave Netanyahu a red carpet welcome despite an ICC arrest warrant for crimes against humanity in connection with the war in Gaza.
During the visit, Hungarian Prime Minister Viktor Orbán announced his country would quit the court, claiming on local radio that the ICC was "no longer an impartial court, not a court of law, but a political court."
The Hungarian leader, regarded by critics as an autocrat and the EU’s most intransigent spoiler in the bloc’s decision-making, defended his decision to not arrest Netanyahu.
"We signed an international treaty, but we never took all the steps that would otherwise have made it enforceable in Hungary," Orbán said, referring to the fact that Hungary's parliament never promulgated the court’s statute into Hungarian law.
Judges at the ICC have previously dismissed similar arguments.
The ICC and other international organisations have criticised Hungary's defiance of the warrant against Netanyahu.
Days before his arrival, the president of the court's oversight body wrote to the government in Hungary reminding it of its "specific obligation to comply with requests from the court for arrest and surrender."
A spokesperson for the ICC declined to comment on the non-compliance proceedings.
Hungary's decision to leave the ICC, a process that will take at least a year to complete, will make it the sole non-signatory within the 27-member European Union.
With 125 current signatory countries, only the Philippines and Burundi have ever withdrawn from the court as Hungary intends.
It's the third time in the past year that the court has investigated one of its member states for failing to arrest suspects.
In February, judges asked Italy to explain why the country sent a Libyan man suspected of torture and murder home on an Italian military aircraft rather than handing him over to the court.
While in October judges reported Mongolia to the court's oversight organisation for failing to arrest Russian President Vladimir Putin when he visited the country.
Hungary has until May 23 to submit evidence in its defence.