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诺贝尔奖得主皮莱称对国际刑事法院法官的制裁“令人震惊”Nobel laureate Pillay calls sanctions on ICC judges 'shocking'

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前联合国人权事务高级专员纳维·皮莱,今年诺贝尔和平奖得主,于10月8日在纽伦堡接受《日经新闻》独家采访时发表讲话。(摄影:五所见)Former United Nations High Commissioner for Human Rights Navi Pillay, who won this year's Nobel Peace Prize, speaks with Nikkei in an exclusive interview in Nuremberg on Oct. 8. (Photo by Shiori Goso)

德国纽伦堡——诺贝尔和平奖得主、前联合国人权事务高级专员纳维·皮莱严厉批评了对国际刑事法院法官实施的制裁,称这种对司法机构的政治压力“绝对令人震惊”。周四,在皮莱被宣布为今年和平奖得主的前一天,这位南非法学家在接受《日经新闻》独家采访时仍表示,几十年来,国际社会在追求正义与问责方面取得了“巨大进展”。

NUREMBERG, Germany -- Nobel Peace Prize laureate and former United Nations High Commissioner for Human Rights Navi Pillay has sharply criticized sanctions against judges of the International Criminal Court, calling such political pressure on the judiciary "absolutely shocking." Speaking to Nikkei in an exclusive interview on Thursday, the day before Pillay was announced as the recipient of this year's peace prize, the South African jurist nevertheless said international efforts to pursue justice and accountability had made "great progress" over the decades.

皮莱此次前往纽伦堡,是为了参加由国际纽伦堡原则学院为纪念纽伦堡审判80周年而举办的活动。以下是采访的编辑节选。问:纽伦堡审判80年后,国际刑事司法是进步了还是倒退?

Pillay was in Nuremberg for events organized by the the International Nuremberg Principles Academy for the 80th anniversary of the Nuremberg trials. Edited excerpts from the interview follow. Q: Eighty years after the Nuremberg judgment, has international criminal justice advanced or retreated?

纽伦堡审判之后,国际社会曾有过50年的空白期,什么也没有发生。我们必须记住,这些事情的推进是多么缓慢。后来,1993年成立了前南斯拉夫国际刑事法庭,1994年又成立了卢旺达法庭。一旦这两个特别法庭开始运作,就取得了巨大的进展。

There was a 50-year gap after Nuremberg when nothing happened internationally. We have to remember how slowly these things work. Then the International Criminal Tribunal for the former Yugoslavia was established in 1993, followed by the Rwanda Tribunal in 1994. Once those two ad hoc tribunals started, there was great progress.

如今,我们有了应对机制,也能够采取行动。问题可以在人权理事会提出,还有近60名独立专家可以进入一个国家进行调查并向理事会报告。此外,我们还有普遍定期审议机制。谁能想到各国会同意让人权理事会对其人权状况进行调查并作出报告?如果多年前有人问我,我会说他们绝不会允许这样做。但他们全都同意了。我亲眼见证了巨大的进步。这是一个迈向正义与问责的过程。

Now we have remedies and can take action. Issues can be raised in the Human Rights Council, and there are almost 60 independent experts who can enter a country, investigate and report to the council. We also have the Universal Periodic Review. Who would have thought that countries would agree to have their human rights records investigated and reported before the Human Rights Council? If you had asked me years ago, I would have said they would never allow it. But they have all agreed to it. I have seen great progress. This is a process towards justice and accountability.

问:您在种族隔离制度下的经历,是您投身国际法与人权事业的起点吗?

Q: Was your experience under apartheid the starting point for your commitment to international law and human rights?

根据我在种族隔离制度下成长的亲身经历,那些法律极其恶劣。它们将黑人妖魔化,仅仅因为我们肤色较深,就对我们视同罪犯。种族主义被制度性地写入了法律之中。

From my own experience of growing up under apartheid, the laws were terrible. They demonized Black people and treated us as if we were criminals just because we were dark. Racialism was institutionalized in the laws.

我开始思考:这些究竟是怎样的法律?它们是不道德的。难道就没有一个更高的标准可以让我们仰望吗?正因如此,我开始研究《世界人权宣言》,后来又研究了《非洲人权宪章》。人权理念给了我答案。

I started thinking: What kind of laws are these? They are immoral. Is there not a higher standard that we can look up to? That is why I started looking at the Universal Declaration of Human Rights and, later, the African Charter on Human Rights. Human rights gave me the answer.

我作为律师与种族隔离制度斗争了30年。国家解放后,我得知自己的名字已被列入暗杀名单。由于我的肤色,没有任何白人律师事务所愿意雇用我,因此我成为了第一位创办自己律师事务所的女性。甚至一些印度裔男性同行也告诉我,我创办自己的办公室实在太自以为是,因为女性根本管理不好律师事务所。

I spent 30 years as a lawyer fighting apartheid. After our liberation, I learned that my name had been placed on an assassination list. No male lawyer in the white firms would take me on because of the color of my skin, so I became the first woman to start her own practice. Even some male Indian colleagues told me that I was very presumptuous to open an office of my own, because women could not manage a law office.

我之所以能上大学,是因为我的高中校长派老师进入我们贫困的社区为我筹集资金。在社区的支持下,我进入了大学,后来还凭借优异的成绩获得了其他奖学金。

I was able to go to university because my high school principal sent teachers into our poor community to raise funds for me. With the help of the community, I went to university and later obtained other bursaries on the basis of my results.

问:您如何看待当前国际刑事司法体系所面临的压力,包括美国对国际刑事法院法官实施的制裁?

Q: How do you view the current pressure on international criminal justice, including U.S. sanctions against ICC judges?

当一个富裕且强大的国家能够对法官实施制裁时,这确实令人非常非常担忧。法官之所以受到制裁,是因为某些政府不喜欢那些影响其盟友的司法命令,而当类似的措施针对其敌人时,他们却并不反对。

It is very, very concerning when one rich and powerful country can impose sanctions against judges. Judges are being sanctioned because some governments do not like judicial orders that affect their friends, while they do not object when similar measures are directed at their enemies.

因法官依法作出裁决而对其实施制裁,这是闻所未闻的。你不可能指望一个自称民主的国家会这么做。目前谴责这种行为的呼声还远远不够。

Sanctioning judges for their lawful orders is unheard-of. You do not expect a country that calls itself a democracy to do that. There have not been enough voices condemning it.

对法官实施的制裁影响深远。他们无法使用信用卡,因为这些交易属于美国服务器的管辖范围。如果他们的子女在美国留学,其银行账户也可能被冻结。这种做法极其侮辱人、令人难堪、痛苦且可怕。

The sanctions against the judges are very far-reaching. They cannot use credit cards, because the transactions come under the domain of servers in the United States. Their children's accounts can be frozen if they are studying in the United States. It is extremely insulting, embarrassing, hurtful and frightening.

这并非仅仅是理论上的问题。它正在直接影响这些法官,也构成了对司法独立的干涉。一个民主国家追究法官责任,这种行为绝对令人震惊,应该有更多声音对此予以谴责。

This is not merely theoretical. It is affecting the judges now, and it is interference with the independence of the judiciary. It is absolutely shocking behavior for a democracy to go after judges, and there should be many more voices condemning it.

问:您曾参与的一个联合国委员会得出结论,认为加沙正在发生种族灭绝。

Q: A U.N. commission on which you served concluded that genocide was being committed in Gaza.

我们报告的重要性在于,它明确指出这是种族灭绝,并且是基于所有证据得出的结论。我们并非随意使用这一术语。在法庭上证明种族灭绝极其困难。

The importance of our report, which states that it is genocide, is that it is based on all the evidence. We do not simply use the term. It is very difficult to prove genocide in a court of law.

必须遵循证据。证据必须可靠、经过检验和验证。事实至关重要。无论是为法庭还是为报纸报道,无论您报道什么,都必须陈述事实,不能捏造任何内容。

You must follow the evidence. The evidence has to be reliable, tested and verified. Facts are important. Whether it is for a court or for a newspaper, whatever you report, you have to set out the facts and not make anything up.

通常情况下,我们会止步于指出证据表明法院应当调查此事。但在这个案例中,我们更进一步,直接指出种族灭绝正在发生。

Normally, we stop short and say that the evidence indicates that a court should examine the matter. But in this case, we went so far as to say that genocide is being committed.

全世界都在关注两种情况:乌克兰和加沙。美国与欧洲已准备好对[弗拉基米尔]普京总统采取行动。他们希望针对普京签发逮捕令,并设立一个审判法庭,以审判与乌克兰相关的侵略罪。那么,为什么欧洲不设立一个审判法庭来审判以色列和美国所犯下的侵略罪呢?这就是我谈及双重标准的原因,我们不应接受这种做法。我们应当指出这一点,甚至要向欧洲指出。问:您如何看待联合国和国际刑事司法的未来?

There are two situations the whole world is watching: Ukraine and Gaza. The United States and Europe are very ready to take action against President [Vladimir] Putin. They want an arrest warrant for Putin, and they want to establish a tribunal for the crime of aggression in relation to Ukraine. Why does Europe not establish a tribunal for aggression in relation to Israel and the United States? That is why I have spoken about double standards, which we should not accept. We should point them out, even to Europe. Q: How do you see the future of the United Nations and international criminal justice?

我一直努力保持积极的态度。当然,我也会像其他人一样感到痛苦,并且会批评国际刑事法院法官们正在遭遇的情况。但即使在批评时,我仍然保持积极,因为我们必须寻找应对的策略。我们必须找到方法,在国家层面以及我们自己的民众中争取足够的支持。

I always try to remain positive. Of course, I become distressed just like anyone else, and I criticize what is happening to the ICC judges. But while criticizing it, I remain positive because we have to look for strategies to counter it. We have to find ways of building enough support among states and among our own populations.

我不会放弃,因为我对年轻人充满信念。他们不会完全容忍这种倒退,公民社会也不会允许这种情况发生。人们曾为走到今天这一步、为争取权利的保护而付出了巨大的努力。

I do not give up, because I have such faith in young people. They will not tolerate this pushback completely, and civil society will not allow it. People fought very hard to get here and to secure the protection of rights.

在[唐纳德]·特朗普总统的第一个任期内,我曾在美国的大学里讲课。美国的学生们情绪非常低落,感到十分沮丧。我告诉他们,这并非一条笔直的下坡路。联合国运动有起有落。有时你会觉得即将失去一切,但随后会发生一些事情,让你重新夺回它。

During President [Donald] Trump's first term, I gave lectures at U.S. universities. American students were very emotional and depressed. I told them it was not a straight downward path. The U.N. movement has its ups and downs. Sometimes you think you are going to lose it, and then something happens and you regain it.

人们无法被长期噤声,尤其是新一代。他们有自己的记者、思想家和教师。这正是让我充满希望的地方。

People cannot be silenced for long. Not the new generations. They have their own journalists, their thinkers and their teachers. That is what gives me hope.