Dean Rohrer

侵略行为以及司法被动性

发自华盛顿特区——国际刑事法院各成员国代表将在本月晚些时候齐聚乌干达首都坎帕拉,开会审议法院近一段时期的工作,其中一项议程就是是否要对法院规约进行修正,使其可以对侵略罪行使管辖权。该条款在1998年《国际刑事法院规约》(又称罗马规约)颁布时被搁置至今。而作为一个国际检察官,同时也是法院的坚定支持者,我认为把侵略罪列入法院管辖范围的这一举措在目前来说是极大的错误,还是继续搁置为妙。

无论如何,国际刑事法院已经在争取国际支持方面开了个好头,同时在某些犯下严重国际罪行的政府官员逍遥法外这个问题上,法院也显示了自己解决问题的潜力。但它同时也遭到了指责,认为其背后实际上受政治操纵的。而作为一个机构,法院一直在努力学习如何有效地在对种族灭绝,反人类罪和战争罪方面行使管辖权。

对于正在讨论将侵略罪列入管辖范围的成员国代表来说,同样提出了种族灭绝,反人类罪和战争罪指控的前南斯拉夫国际刑事法院所取得的经验应该能提供一点警示意义。

To continue reading, please log in or enter your email address.

Registration is quick and easy and requires only your email address. If you already have an account with us, please log in. Or subscribe now for unlimited access.

required

Log in

http://prosyn.org/mSgsdUa/zh;
  1. China corruption Isaac Lawrence/Getty Images

    The Next Battle in China’s War on Corruption

    • Chinese President Xi Jinping knows well the threat that corruption poses to the authority of the Communist Party of China and the state it controls. 
    • But moving beyond Xi's anti-corruption purge to build robust and lasting anti-graft institutions will not be easy, owing to enduring opportunities for bureaucratic capture.
  2. Italy unemployed demonstration SalvatoreEsposito/Barcroftimages / Barcroft Media via Getty Images

    Putting Europe’s Long-Term Unemployed Back to Work

    Across the European Union, millions of people who are willing and able to work have been unemployed for a year or longer, at great cost to social cohesion and political stability. If the EU is serious about stopping the rise of populism, it will need to do more to ensure that labor markets are working for everyone.

  3. Latin America market Federico Parra/Getty Images

    A Belt and Road for the Americas?

    In a time of global uncertainty, a vision of “made in the Americas” prosperity provides a unifying agenda for the continent. If implemented, the US could reassert its historical leadership among a group of countries that share its fundamental values, as well as an interest in inclusive economic growth and rising living standards.

  4. Startup office Mladlen Antonov/Getty Images

    How Best to Promote Research and Development

    Clearly, there is something appealing about a start-up-based innovation strategy: it feels democratic, accessible, and so California. But it is definitely not the only way to boost research and development, or even the main way, and it is certainly not the way most major innovations in the US came about during the twentieth century.

  5. Trump Trade speech Bill Pugliano/Getty Images .

    Preparing for the Trump Trade Wars

    In the first 11 months of his presidency, Donald Trump has failed to back up his words – or tweets – with action on a variety of fronts. But the rest of the world's governments, and particularly those in Asia and Europe, would be mistaken to assume that he won't follow through on his promised "America First" trade agenda.