美國白宮國家安全顧問波頓(John Bolton)今天指責國際刑事法院(ICC)是个“非法”组织,危險和不負責任,而且侵犯到美國的主權,并威胁对海牙国际刑事法院实行全面制裁,包括冻结法官的所有资产。
波頓說:「理論上,國際刑事法院應對犯下最嚴重暴行的人追究罪行責任、還給受害者公道,並嚇阻未來的惡行。」
「然而實際上,這個法院起不了作用、不負責任,而且實在是十足的危險。」
波頓說,美國反對國際刑事法院因美國軍人和情報官員被指在阿富汗虐待囚犯而予以起訴。這個法院現正審查有關虐囚的指控。
波頓宣稱,這是個「毫無根據和完全令人無法接受的調查」。
他說:「美國將運用一切必要手段,來保護我們與盟邦的公民免遭這個欠缺正當性法院的不合理起訴。」
The US has threatened sanctions against the International Criminal Court if it goes ahead with prosecutions against Americans.
The court is currently considering prosecuting US servicemen over alleged detainee abuse in Afghanistan.
National Security Adviser John Bolton called the court “illegitimate” and vowed the US would do everything “to protect our citizens”.
The US is among dozens of nations not to have joined the 2002-founded court.
Why is John Bolton angry?
He has long been an outspoken critic of the court but Monday’s hard-hitting speech in Washington focused on two areas.
The first was ICC prosecutor Fatou Bensouda’s request last year for a full investigation into alleged war crimes in Afghanistan, which would include any committed by US military and intelligence officials.
On this issue, Mr Bolton said neither Afghanistan nor any government signatory to the ICC’s Rome Statute had made such a request.
The second was the Palestinian move to bring Israel before the ICC over allegations of human rights abuses in Gaza and the occupied West Bank – a move dismissed by Israel as politicised.
Mr Bolton said the Palestinian move was one of the reasons the US administration had decided to close the Palestinians’ diplomatic mission in Washington.
In his tirade against the court, Mr Bolton said it:
Was a threat to “American sovereignty and US national security”
Lacked checks and balances, claimed “jurisdiction over crimes that have disputed and ambiguous definitions” and failed to “deter and punish atrocity crimes”
Was “superfluous” as the US administration did “not recognise any higher authority than the US Constitution”
Mr Bolton said: “We will not co-operate with the ICC. We will provide no assistance to the ICC. We will not join the ICC. We will let the ICC die on its own. After all, for all intents and purposes, the ICC is already dead to us.”
White House spokeswoman Sarah Huckabee Sanders backed Mr Bolton, saying President Donald Trump would use “any means necessary to protect our citizens [and] those of our allies from unjust prosecution from the ICC”.
What steps could the US take?
ICC judges and prosecutors would be barred from entering the US and their funds in the US would be sanctioned.
“We will prosecute them in the US criminal system. We will do the same for any company or state that assists an ICC investigation of Americans,” Mr Bolton said.
More “binding, bilateral agreements” would be signed to stop countries submitting US citizens to the court’s jurisdiction.
What has the response been?
The ICC said it had the support of 123 member states, adding in a statement: “The ICC, as a judicial institution, acts strictly within the legal framework of the Rome Statute and is committed to the independent and impartial exercise of its mandate.”
Liz Evenson, associate international justice director at Human Rights Watch, told AFP news agency that Mr Bolton had shown “callous disregard for victims of atrocity crimes” and that the US was “more concerned with coddling serial rights abusers… than supporting impartial justice”.
What is the ICC?
The court investigates and brings to justice people responsible for genocide, crimes against humanity, and war crimes, intervening when national authorities cannot or will not prosecute.
What is the International Criminal Court?
The ICC was established by the Rome Statute in 2002, but the US did not ratify it as President George W Bush opposed the body. Mr Bolton served in the Bush administration, notably as ambassador to the UN from 2005.
The Rome Statute has been ratified by 123 countries, including the UK, leaving more than 70 as non-members. President Barack Obama sought to develop co-operation with the ICC.
Some African countries have called for withdrawal from the court over perceived unfair treatment of Africans.
As a diplomat, John Bolton is famously bellicose: he once said if the UN building in New York “lost 10 storeys, it wouldn’t make a bit of difference”.
And he’s made clear how he stands on carrot-and-stick diplomacy, saying: “I don’t do carrots.” As national security adviser, he’s been more aggressive than the president at times – and has been reined in.
When Mr Bolton said North Koreans should get rid of nuclear equipment in the way the Libyans did, Trump disavowed his remarks.
On Monday, though, Mr Bolton made his first major address as national security adviser and showed he’s in sync with the president. In threatening to sanction ICC judges, he is helping to reinforce the president’s “America First” policy.
紐約時報今天引述現任與卸任美方官員說法報導,白宮、財政部與國務院官員討論反制中國對待新疆地區穆斯林的方式,已有數月之久,國會議員8月底要求國務卿蓬佩奧(Mike Pompeo)與財政部長梅努欽(Steven Mnuchin)制裁7名中方官員後,相關討論變得更為緊迫。
報導指出,美國總統川普上任以來,基本上迴避以人權紀錄為由懲罰中國,不願指責中國違反人權,甚至稱頌中國國家主席習近平在內的專制領袖。官員討論制裁中國,凸顯美方致力跳脫川普處理議題的優先次序。
美國若以違反人權為由祭出經濟制裁,須經政府內部商討並與國會諮商,如獲批准,將由財政部宣布,恐使原本就因貿易和施壓北韓放棄核武而不睦的美中關係更加緊張。
盧比歐與其他國會議員8月敦促國務院與財政部官員,制裁因在新疆興建再教育營或構建監控系統而獲利的中國企業。現任國會及行政部門中國問題委員會(CECC)主席的盧比歐說,委員會將要求商務部,禁止美國企業向中國外銷與監控新疆人民相關的技術。
報導指出,除考慮制裁中方官員,美方也設法對外銷的監控技術設限,以防中國公安機關和企業用來監控新疆的維吾爾族人。
美國國務院7月舉行首次國際宗教自由部長級會議,由蓬佩奧與副總統彭斯(Mike Pence)主持。會議登場前夕,蓬佩奧投書今日美國報(USA Today),指維吾爾族是遭受宗教迫害的族群之一,並以「令人憎惡」形容中方對待新疆維吾爾族人的方式。