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什么是国际刑事法院?What is the International Criminal Court?

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海牙,10月9日——南非法官纳瓦内瑟姆·“纳维”·皮莱(Navanethem "Navi" Pillay)于周五荣获诺贝尔和平奖,她曾担任多个国际法庭的法官,包括国际刑事法院。以下是关于该法院的一些事实:该法院成立于2002年,旨在起诉个人犯下的战争罪、危害人类罪、种族灭绝罪和侵略罪,适用于成员国不愿或无法自行处理此类案件的情况。

THE HAGUE, Oct 9 - South African judge Navanethem "Navi" Pillay, who was awarded the Nobel peace prize on Friday, has been a judge on several international courts, including the International Criminal Court. Here are some facts about this court: The court was established in 2002 to prosecute individuals for war crimes, crimes against humanity, genocide and the crime of aggression when member states are unwilling or unable to do so themselves.

该法院可起诉成员国国民所犯下的罪行,或成员国领土上由其他行为者所犯下的罪行。目前,该法院拥有125个成员国。其2026年的预算约为1.96亿欧元(22.2亿美元)。国际刑事法院正在对巴勒斯坦领土、乌克兰、苏丹、乌干达和刚果民主共和国等非洲国家,以及委内瑞拉、缅甸和菲律宾展开调查。据称,已有34起案件提交至该法院审理,其中一些案件有多名被告。国际刑事法院的法官已签发68份逮捕令。

It can prosecute crimes committed by nationals of member states or on the territory of member states by other actors. It has 125 member states. The court's budget for 2026 is about €196 million euros ($2220 million) The ICC is conducting investigations in the Palestinian territories, Ukraine, African states such as Sudan, Uganda and Democratic Republic of Congo, Venezuela, Myanmar and the Philippines. It says there have been 34 cases before the court, some with more than one defendant. ICC judges have issued 68 arrest warrants.

国际刑事法院的知名嫌疑人包括以色列总理本雅明·内塔尼亚胡(Benjamin Netanyahu),他被控对加沙冲突中的谋杀、迫害以及将饥饿用作战争武器等行为负有刑事责任;俄罗斯总统弗拉基米尔·普京(Vladimir Putin)则被控犯有非法从乌克兰驱逐数百名儿童的战争罪。

Notable ICC suspects are Israeli Prime Minister Benjamin Netanyahu, accused of being criminally responsible for acts including murder, persecution and using starvation as a weapon of war in the Gaza conflict Russian President Vladimir Putin accused of the war crime of illegally deporting hundreds of children from Ukraine.

以色列和俄罗斯均非该法院的成员国,两国均多次否认在加沙和乌克兰犯下暴行,并主张国际刑事法院对它们没有管辖权。

Israel and Russia, neither a member of the court, have repeatedly denied committing atrocities in Gaza and Ukraine respectively and have argued that the ICC has no jurisdiction over them.

在签发对内塔尼亚胡的逮捕令时,国际刑事法院还签发了对哈马斯军事指挥官穆罕默德·迪夫(Mohammed Deif)的逮捕令,但他在逮捕令签发后已被确认死亡。

When it issued the warrant for Netanyahu, the ICC also issued a warrant for Hamas military commander Mohammed Deif, whose death was confirmed after the warrant was issued.

该法院还签发了对两名阿富汗塔利班高级领导人的逮捕令,指控他们迫害女性,而塔利班则否认了这一指控。

The court has also issued arrest warrants for two senior Afghan Taliban leaders, accusing them of persecuting women, an allegation that the Taliban reject.

检察官已申请对缅甸军方领导人敏昂莱发出逮捕令,指控其涉嫌对以穆斯林为主的罗兴亚少数族裔实施迫害,犯下反人类罪。目前该申请的最终结果尚未对外公布。

Prosecutors have requested warrants for Myanmar 's military leader Min Aung Hlaing for crimes against humanity in the alleged persecution of the Rohingya, a mainly Muslim minority. The outcome of that request has not been made public.

菲律宾前总统罗德里戈·杜特尔特定于11月30日受审,他将面临与其“禁毒战争”相关的谋杀及谋杀未遂等反人类罪指控,但他本人坚决否认这些指控。

Former Philippine president Rodrigo Duterte is due to go on trial on November 30 to face charges of murder and attempted murder as crimes against humanity related to his war on drugs, accusations he denies.

另有一名被指控负责管理一所臭名昭著监狱的利比亚人也正在等候审判。

A Libyan accused of overseeing a notorious prison is also awaiting trial.

1998年,美国代表团曾出席促成《罗马规约》诞生的谈判,但美国始终未加入国际刑事法院,并一直反对该法院对美国公民行使管辖权。2002年,华盛顿甚至通过了一项别称“海牙入侵法案”的立法,授权总统采取“一切必要手段”以解救被国际刑事法院拘留的任何美国公民或美国盟友。

While a US delegation was present for the negotiations that produced the court's founding Rome Statute in 1998, it never became a member and always opposed ICC jurisdiction over US nationals. In 2002, Washington even adopted a bill nicknamed the Hague Invasion Act, which authorises the president to use "all means necessary" to ensure the release of any US citizen or US ally held by the ICC.

此后数年,美国虽对国际刑事法院的一些调查行动予以支持,尤其是针对达尔富尔和乌干达暴行事件的调查,但始终坚决反对该法院调查美军在成员国领土上涉嫌犯下的罪行。

In the years that followed, the US supported some ICC investigations, notably into atrocities in Darfur and Uganda, but remained firmly opposed to the court looking into alleged crimes by US troops on the territory of ICC member states.

在特朗普第一任期内,即2020年,华盛顿以美国军队涉嫌在阿富汗犯下战争罪为由,对时任国际刑事法院首席检察官及其他官员实施制裁。一年后,拜登政府解除了这些制裁措施。

During the first Trump administration, in 2020, Washington imposed sanctions on the court's then-chief prosecutor and another official over an investigation into whether American forces had committed war crimes in Afghanistan. That ban was lifted by the Biden administration a year later.

2025年初,国际刑事法院宣布对美国盟友内塔尼亚胡及其前国防部长约阿夫·加兰特发出逮捕令后,特朗普随即下令对涉及美国及其非成员国盟友的国际刑事法院官员实施经济与旅行限制。此后,华盛顿又对包括9名法官在内的13名国际刑事法院官员实施了制裁。

In early 2025, after the ICC announced arrest warrants for US ally Netanyahu and his former defence minister Yoav Gallant, Trump authorised economic and travel sanctions against ICC officials targeting the US and its allies who are not members of the court. Washington has since imposed sanctions on 13 ICC officials including nine judges.

在上个月的联合国大会上,特朗普称国际刑事法院为“流氓机构”以及“一群邪恶之徒”,并敦促各成员国退出该法院。

At the UN General Assembly last month, Trump called the ICC a "rogue institution" and "an evil group of people" and urged its members to resign.

尽管该法院得到了众多联合国成员国及欧盟的支持,但美国、中国和俄罗斯等国并未加入,它们认为国际刑事法院可能被用于出于政治目的的起诉。

Although the court is supported by many United Nations members and the European Union, other countries such as the United States, China and Russia are not members, arguing the ICC could be used for politically motivated prosecutions.

以色列并非该法院的成员国,也不承认其管辖权;不过巴勒斯坦地区已于2015年成为国际刑事法院的成员国。这一情况加上法官的裁决,使得该法院有权调查哈马斯武装分子在以色列境内,以及以色列人在加沙地带和约旦河西岸可能犯下的战争罪行。

Israel is not a member and does not recognise its jurisdiction, but the Palestinian territories were admitted as an ICC member state in 2015. This, together with a ruling by judges, means the court can look at potential war crimes carried out by Hamas fighters in Israel and by Israelis in the Gaza Strip and the West Bank.

对以色列官员发出逮捕令的理由,与对涉嫌在乌克兰犯下罪行的俄罗斯官员发出逮捕令的理由相同:这些指控均涉及在国际刑事法院成员国领土上发生的涉嫌犯罪行为。

The reasoning for the warrants for Israeli officials is the same as for warrants against Russian officials for crimes allegedly committed in Ukraine: they concern alleged criminal acts that took place on the territory of an ICC member state.

缅甸并非国际刑事法院的成员国,但在2018年和2019年,法官裁定该法院对部分发生在邻国——国际刑事法院成员国孟加拉国境内的跨境罪行拥有管辖权,这些罪行包括驱逐出境与迫害;法官还允许检察官就此展开正式调查。

Myanmar is not a member of the ICC but, in 2018 and 2019, judges ruled that the court had jurisdiction over alleged cross-border crimes that partially took place in neighbouring ICC member Bangladesh, such as deportation and persecution, and said prosecutors could open a formal investigation.

菲律宾目前并非该法院成员国,但在2011年至2019年期间曾是成员国,杜特尔特单方面决定退出后这一状态才正式生效。根据《罗马规约》,若某国退出,国际刑事法院仍有权对该国在作为成员国期间发生的罪行行使管辖权。

The Philippines is not currently a member but was between 2011 and 2019, when the unilateral withdrawal by Duterte became final. Under the Rome Statute, if a state withdraws, the ICC retains jurisdiction there for crimes committed during the membership period.

迄今为止,国际刑事法院的法官已作出15项有罪判决和4项无罪判决。共有23人被关押在海牙的法院拘留中心并接受审理,另有34名被通缉的嫌疑人仍在逃。对于9名已死亡的嫌疑人,相关逮捕令也已撤销。

ICC judges have issued 15 convictions and four acquittals. Twenty-three people have been held in the ICC detention centre in The Hague and appeared before the court, and 34 wanted suspects remain at large. Warrants have been withdrawn for nine suspects who died.

在15项定罪中,有10项涉及法庭认定的核心罪行——战争罪及危害人类罪。其余定罪则涉及篡改证人证词等罪行。这10名被告均为来自刚果民主共和国、马里、苏丹、中非共和国和乌干达的非洲民兵组织首领。他们的刑期从9年到30年不等,最高可判处无期徒刑。

Of the 15 convictions, 10 have been for the court's core offences of war crimes and crimes against humanity. The others were for crimes such as witness tampering. Those 10 defendants were all African militia leaders from Democratic Republic of Congo, Mali, Sudan, Central African Republic and Uganda. Terms ranged from nine to 30 years in prison. The maximum possible sentence is life imprisonment.