美国宣布对国际刑事法院高级官员实施新制裁
US announces new sanctions on top ICC figures

原始链接: https://www.bbc.com/news/articles/cnvnl0elz47o

美国国务卿马尔科·卢比奥宣布对国际刑事法院(ICC)院长赤根智子及高级审判律师阿卜杜拉耶·塞耶实施新一轮制裁。此举标志着特朗普政府旨在瓦解国际刑事法院的行动显著升级。卢比奥称该法院为“腐败且深受政治化影响”的机构,并认为其侵犯了美国主权。 此次制裁包括资产冻结和旅行禁令。此前,美国已因国际刑事法院对美方人员展开调查以及对以色列领导人发出逮捕令,对至少11名该法院官员实施了类似惩处。由于美国和以色列均非《国际刑事法院罗马规约》缔约国,美方坚持认为该法院对两国公民没有管辖权。 国际刑事法院对美方的行动表示谴责,称其破坏了法治。美方的强硬立场引发了法律层面的抵制,包括人权组织和国际刑事法院法官提起的诉讼,他们认为这些制裁违宪,意在胁迫司法程序。尽管如此,特朗普政府仍在向该法院的125个成员国施压,要求其退出,显示出挑战该法院全球权威的决心。

特朗普政府宣布对国际刑事法院(ICC)的高级官员实施新制裁,称该机构腐败且具有政治动机。此举由国务卿马可·鲁比奥牵头,标志着本届政府旨在“拆解”该法院的既定目标有了显著升级。 Hacker News 上的讨论显示,这些制裁主要是由国际刑事法院近期关注以色列官员(包括总理本雅明·内塔尼亚胡)在加沙涉嫌战争罪的问题所驱动。许多评论者认为,此举也是美国政府为保护本国领导层及其盟友免受未来国际法律追责而采取的预防性措施。 虽然制裁的支持者认为国际刑事法院缺乏合法的管辖权,是在进行政治作秀,但批评者则认为此举反映了美国正转向“流氓国家”行为。许多用户担心,该政策释放出一种对国际法、国际准则和问责机制日益蔑视的信号,并指出自国际刑事法院成立以来,美国与其一直保持着充满争议的关系。这场辩论突显了在国际司法必要性与维护国家主权之间存在的深刻意识形态分歧。
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原文

US announces new sanctions on top ICC figures

Getty Images Judge Tomoko Akane  at the microphone at an event in BrusselsGetty Images
Judge Tomoko Akane began her three-year term as ICC president in 2024.

US Secretary of State Marco Rubio has announced sanctions against the president and a senior lawyer of the International Criminal Court (ICC).

The move is the Trump administration's latest escalation in its campaign to "dismantle" the court which is empowered by more than 120 member countries to investigate war crimes.

Rubio said the US was sanctioning ICC President Tomoko Akane of Japan and ICC Senior Trial Lawyer Abdoulaye Seye of Senegal for engaging in the ICC's efforts to "prosecute officials whose government has not consented to ICC jurisdiction".

The ICC said it stands behinds its staff and believe that measures such as those announced by Rubio "undermine the rule of law."

Rubio accused the court of being "a corrupt and fatally politicized supranational court that has maliciously abused its authority and exceeded its mandate. We will not tolerate its assault on state sovereignty."

Neither President Trump nor the White House has so far commented.

The Trump administration has already announced sanctions on at least 11 ICC officials, including nine judges and the chief prosecutor.

The sanctions include asset freezes, travel bans, and restrictions on services from U.S. companies.

Those sanctions were issued in retaliation for ICC investigations into US personnel in Afghanistan and for warrants the court issued against top Israeli officials, including Prime Minister Benjamin Netanyahu, for alleged war crimes in Gaza.

Netanyahu has denied allegations of war crimes and accused the court of being motivated by antisemitism. Neither the US nor Israel are members of the ICC.

Trump's opposition to the court dates back to his first term in office, when he first described the ICC as a "threat" and told the UN General Assembly that it has "no jurisdiction, no legitimacy, and no authority" as far as the US is concerned.

Last month, Rubio called on the ICC's 125 member countries to withdraw from the court as part of a US government campaign to dismantle it "brick by brick".

Amid a growing pressure campaign, a US official said Washington would "watch with interest" who heeded its call and who did not.

The ICC, which was established in 2002, has ⁠international jurisdiction to prosecute genocide, crimes against humanity, and war crimes in member states or if a situation is referred by the UN Security Council.

Rights organisations have pushed back against what they view as the Trump administration's attempts to undermine international law and stifle efforts to combat impunity by governments around the world.

"The Trump administration seeks a get-out-of-jail-free card for whomever it chooses," said Liz Evenson, international justice director at Human Rights Watch, during a press conference last week.

Evenson's comments came as four leading US human rights groups sued the Trump administration over its campaign to dismantle the ICC, calling it unconstitutional.

Human Rights Watch, ⁠the Open Society Institute, the American Friends Service Committee and the Center for Constitutional Rights said in their lawsuit filed in New York that the sanctions prevented them from working with the court to seek justice for genocide, war crimes and crimes against humanity around the world.

In June, three ICC judges also sued the administration in a New York federal court over sanctions imposed on them last year, arguing the measures were unlawful.

Judges Kimberly Prost of Canada, Solomy Balungi Bossa of Uganda and Reine Alapini-Gansou of Benin said the sanctions were designed to exert extrajudicial pressure with the objective of punishing and coercing the judges.

At the time, a White House official said that Trump had lawfully exercised his authority under the International Emergency Economic Powers Act (IEEPA) in imposing the sanctions.

Sanctions severely hamper individuals' abilities to carry out even routine financial transactions as any banks with ties to the US, or that conduct transactions in dollars, are expected to have to comply with the restrictions.

Since Trump returned to office, his administration - spearheaded by Rubio - has taken a much more aggressive stand towards the court.

In a July video statement announcing the campaign to dismantle the court, Rubio accused the ICC of "waging a war against our country" with "statutes, compacts and the force of so-called international law".

"Today, it threatens every aspect of our political and legal system," he added. "If they believe they can deprive us of our sovereignty, we will teach them the full meaning of American resolve."

(With additional reporting from Bernd Debusmann Jr)

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