Criminal Court, and there is an international warrant out for his arrest. But despite this,

國際刑事法院(ICC)下令通緝他

while he attended an African Union summit in South Africa, he was not detained by authorities

但他在南非參加非洲聯盟高峰會時，卻沒有遭到逮捕

. So what is the ICC, and how much authority does it really have?

究竟什麼是ICC？ICC權力有多大？

The ICC in its current form, was officially set up in 1998 to persecute individuals for

ICC成立於1998年，專門審理重大國際罪犯

only the worst international crimes. It functions independently of the United Nations’ International

與聯合國國際法院是兩個獨立法院

Court of Justice. Calls for a universal judicial body like this, had been increasingly abundant

自從一戰後，成立國際司法機構的呼聲越來越高

since World War I. Precursor courts to the ICC included the Nuremburg Trials in the 1940s,

ICC成立前，1940年代的紐倫堡大審是史上第一個國際法庭

and ad hoc courts to deal with the Rwandan Genocide and the Yugoslav Wars in the 1990s.

其他還有1990年代的盧安達種族屠殺法庭，以及南斯拉夫內戰法庭

The current ICC headquarters reside in the Netherlands. With a staff of about 200 people,

目前ICC總部位於荷蘭，裡頭成員約200人

the court deals only with genocide, war crimes and crimes against humanity. Often, defendants

只處理種族屠殺、戰爭罪和違反人道罪案件

are judged in absentia, meaning, they aren’t present for the trial. If convicted, an international

審理通常在被告不在場的情況下進行，一旦定罪

warrant is issued for the person’s arrest and prosecution.

就會發出國際通緝令以緝捕被告歸案

But still, not all governments are on board with the ICC, as evidenced by South Africa’s

但並非所有國家都配合ICC的裁定

reluctance to arrest Al-Bashir while he was in their jurisdiction. According to one ICC

就像南非不願逮捕蘇丹總統一樣

prosecutor, many African governments feel that the court is “preoccupied with Africa”,

據ICC檢察官指出，許多非洲國家認為ICC「專審非洲國家」

and fails to investigate other conflicts elsewhere in Western nations. According to Al Jazeera,

卻不調查西方國家的衝突

Sudan does not accept ICC judgements against its president Al-Bashir, because it views

半島電視台播報，蘇丹不接受ICC對總統巴希爾的判決

itself as a “victim of Western hypocrisy and hegemony”.

因為蘇丹認為自己「受害於西方的虛偽、霸道」

Presently, only 123 countries have officially signed and ratified the establishment of the

目前ICC只受到123國簽約承認其效力

ICC. But there are many countries, including China, India and Cuba, that flat out do not

仍有許多國家不承認ICC的裁定

accept any judgements from the courts. The US originally ratified the treaty, but has

包括中國、印度和古巴，美國起初通過ICC條約

since backed out on any legal obligations to the ICC, reportedly due to conflicts with

但卻不履行任何法律義務，據報是因為

its own domestic court system.

ICC與美國法院制度相牴觸

Even with so many countries party to the ICC, the only enforcement powers it has are through

雖然ICC受到多國支持，但要執行法院命令

the police forces of member countries. Clearly, the courts remain questionably effective,

卻只能仰賴成員國警力，ICC的成效仍有待商榷

with nations obeying court decisions essentially on their own terms.

因為遵循法院裁定與否，決定權在各國手上

Although the worst of the atrocities in Sudan are behind us, there are still many issues

蘇丹的大屠殺已然過去，但仍有許多問題有待解決

yet to deal with. To learn about the situation today, check out our full video here. THanks

想了解蘇丹現況，請看我們的影片

for watching TestTube, don’t forget to subscribe so you don’t miss a single video!

感謝收看TestTube，別忘了訂閱，影片不錯過