【縛雞之論】英文拷到 G / D 找中文翻譯
逮捕核子五大國領袖不容易，但要注意的是其政治效應：普丁的政權穩定性，以及俄國失去作為大國的資格。〈烏俄戰爭：蘇聯二次解體？〉
全球緝捕普廷！ICC：123個成員國都有義務 自由20230320
國際刑事法院（ICC）17日對俄羅斯總統普廷，以及1名主管兒童權益的俄國官員發出逮捕令，並指控2人參與強擄烏克蘭孩童等戰爭罪行；這也使普廷成為第3位遭ICC下達逮捕令的國家領袖。ICC院長霍夫曼斯基（Piotr Hofmański ）強調，ICC的123個成員國都有義務執行逮捕令，普廷在全世界3分之2的地區將無法避免被逮捕！
在霍夫曼斯基表態後，德國政府開第一槍，德國司法部長布什曼（Marco Buschmann）已表明，若普廷踏進德國領土，將遵照ICC的規定並執行逮捕令；此外，南非總統拉瑪佛沙發言人19日也表示，南非明瞭自己的法律義務。
ICC聲明指出，普廷涉嫌直接或間接非法轉移烏克蘭兒童，以及未能切實管理犯下上述罪行的平民和軍隊部下。這也是自去年2月烏克蘭戰爭爆發至今，ICC首次將俄羅斯最高層領導人指定為嫌疑人，同時也是繼以「30年鐵腕統治」惡名昭彰的前蘇丹總統巴席爾（Omar al-Bashir）和利比亞獨裁者格達費（Muammar Gaddafi）之後，ICC第3次對現任國家元首發布逮捕令。
ICC成立於2002年，旨在對犯下種族滅絕罪（genocide）和戰爭罪等重大國際性罪行的個人實施處罰。但對於俄羅斯這樣的ICC非成員國不具司法權，因此一直被指現實中難以逮捕、刑拘俄羅斯人士，但如果普廷訪問ICC成員國，可能會被逮捕並移交給ICC，此舉可能會深化俄羅斯的外交孤立。
擔任ICC所長的首爾大學名譽教授宋相現接受南韓《朝鮮日報》採訪時表示，ICC發布的逮捕令不受時效限制，普廷行動半徑變小，將感到不小的壓力，「普廷如同因政變遭到驅逐，被蘇丹政府決定移交給ICC的前總統巴席爾一樣，如果政治不穩定，他隨時可能被逮捕。」
On 22 February
2023, I submitted applications to Pre-Trial Chamber II of the International Criminal
Court for warrants of arrest in the context of the Situation
in Ukraine.
Today, the
Pre-Trial Chamber has issued arrest warrants
in relation to the following two individuals:
- Mr Vladimir
Putin, President of the Russian Federation; and
- Ms Maria Lvova-Belova,
Commissioner for Children’s Rights in the Office of the President of the Russian Federation.
On the basis
of evidence collected and analysed by my Office pursuant to its independent investigations,
the Pre-Trial Chamber has confirmed that there are reasonable grounds to believe
that President Putin and Ms Lvova-Belova bear criminal responsibility for the unlawful
deportation and transfer of Ukrainian children from occupied areas of Ukraine to
the Russian Federation, contrary to article 8(2)(a)(vii) and article 8(2)(b)(viii)
of the Rome Statute.
Incidents
identified by my Office include the deportation of at
least hundreds of children taken from orphanages and children’s care homes.
Many of these children, we allege, have since been given for adoption in the Russian
Federation. The law was changed in the Russian Federation, through Presidential
decrees issued by President Putin, to expedite the conferral of Russian citizenship,
making it easier for them to be adopted by Russian families.
My Office
alleges that these acts, amongst others, demonstrate an intention to permanently
remove these children from their own country. At the time of these deportations,
the Ukrainian children were protected persons under the Fourth Geneva Convention.
We also underlined
in our application that most acts in this pattern of deportations were carried out
in the context of the acts of aggression committed by Russian military forces against
the sovereignty and territorial integrity of Ukraine which began in 2014.
In September last year, I addressed the United Nations Security Council and emphasised
that the investigation of alleged illegal deportation of children from Ukraine was
a priority for my Office. The human impact of these crimes was also made clear during
my most recent visit to Ukraine. While there, I visited one of the care homes from
which children were allegedly taken, close to the current frontlines of the conflict.
The accounts of those who had cared for these children, and their fears as to what
had become of them, underlined the urgent need for action.
We must ensure
that those responsible for alleged crimes are held accountable and that children
are returned to their families and communities. As I stated at the time, we cannot
allow children to be treated as if they are the spoils of war.
Since taking
up my position as Prosecutor, I have emphasised that the law must provide shelter
to the most vulnerable on the front lines, and that we also must put the experiences
of children in conflict at the centre of our work. To do this, we have sought to
bring our work closer to communities, draw on advanced technological tools and,
crucially, build innovative partnerships in support of our investigative work.
I am grateful
for the support of many partners of the Office that have allowed us to move forward
rapidly in the collection of evidence. I wish to express my thanks in particular to the Office of the Prosecutor General of Ukraine
whose engagement has been essential in supporting the work my Office has carried
out, including on the ground in Ukraine. Our participation in the Joint Investigation Team with national authorities
from seven States, under the auspices of Eurojust,
has also facilitated swift access to relevant information and evidence.
I will also
continue to seek cooperation from the Russian Federation in relation to the Situation
in Ukraine, and ensure my Office fully meets its responsibility pursuant to article 54 of the Rome Statute to investigate incriminating and exonerating circumstances equally.
Whilst today
is a first, concrete step with respect to the Situation in Ukraine, my Office continues
to develop multiple, interconnected lines of investigation.
As I stated
when in Bucha last May, Ukraine is a crime scene that encompasses a complex and
broad range of alleged international crimes. We will
not hesitate to submit further applications for warrants of arrest when the evidence
requires us to do so.
Today, 17
March 2023, Pre-Trial Chamber II of the International Criminal Court (“ICC” or “the
Court”) issued warrants of arrest for
two individuals in the context of the situation in Ukraine: Mr Vladimir Vladimirovich Putin and Ms Maria Alekseyevna Lvova-Belova.
Mr Vladimir
Vladimirovich Putin, born on 7 October 1952, President of the Russian Federation,
is allegedly responsible for the war crime of unlawful deportation of population
(children) and that of unlawful transfer of population
(children) from occupied areas of Ukraine to the Russian Federation (under articles
8(2)(a)(vii) and 8(2)(b)(viii) of the Rome Statute). The crimes were allegedly
committed in Ukrainian occupied territory at least from 24 February 2022. There
are reasonable grounds to believe that Mr Putin bears
individual criminal responsibility for the aforementioned crimes, (i) for
having committed the acts directly, jointly with
others and/or through others (article 25(3)(a) of the Rome Statute), and (ii) for
his failure to exercise control properly over civilian and military subordinates
who committed the acts, or allowed for their commission, and who were under his
effective authority and control, pursuant to superior responsibility (article 28(b)
of the Rome Statute).
Ms Maria Alekseyevna
Lvova-Belova, born on 25 October 1984, Commissioner for Children’s Rights in the
Office of the President of the Russian Federation,
is allegedly responsible for the war crime of unlawful deportation of population
(children) and that of unlawful transfer of population (children) from occupied
areas of Ukraine to the Russian Federation (under articles 8(2)(a)(vii) and 8(2)(b)(viii)
of the Rome Statute). The crimes were allegedly committed in Ukrainian occupied
territory at least from 24 February 2022. There are reasonable grounds to believe
that Ms Lvova-Belova bears individual criminal responsibility for the aforementioned
crimes, for having committed the acts directly, jointly with others and/or through
others (article 25(3)(a) of the Rome Statute).
Pre-Trial Chamber II considered, based on the Prosecution’s applications of 22 February 2023,
that there are reasonable grounds to believe that each suspect bears responsibility
for the war crime of unlawful deportation of population and that of unlawful transfer
of population from occupied areas of Ukraine to the Russian Federation, in prejudice
of Ukrainian children.
The Chamber considered that the warrants are secret in order to protect victims
and witnesses and also to safeguard the investigation. Nevertheless, mindful
that the conduct addressed in the present situation is allegedly ongoing, and that
the public awareness of the warrants may contribute
to the prevention of the further commission of crimes, the Chamber considered
that it is in the interests of justice to authorise the Registry to publicly disclose
the existence of the warrants, the name of the suspects, the crimes for which the
warrants are issued, and the modes of liability as established by the Chamber.
The abovementioned
warrants of arrests were issued pursuant to the
applications submitted by the Prosecution on 22 February 2023.
沒有留言:
張貼留言
請網友務必留下一致且可辨識的稱謂
顧及閱讀舒適性，段與段間請空一行