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UN judge quits The Hague and condemns 'shocking' interference by Trump administration

'American threats against international judges clearly show new political climate,' Christoph Flügge says

Tom Embury-Dennis
Tuesday 29 January 2019 14:57 GMT
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International Criminal Court (ICC) is 'dead' to America, says US national security advisor John Bolton

A senior United Nations (UN) judge has stepped down from one of The Hague's international courts, while criticising “shocking” political interference by the Trump administration and Turkey.

Christoph Flügge resigned earlier this month from his position on a court dealing with war crimes in the former Yugoslavia, citing a Turkish colleague’s removal from the bench after he was detained by Ankara.

The German judge told newspaper Die Welt Turkey’s government had made “baseless” allegations against judge Aydın Sefa Akay, who was arrested over what authorities said were links to Fethullah Gulen, an exiled cleric considered an enemy by Turkish president Recep Tayyip Erdogan.

After Turkey asserted its veto over Mr Akay’s position at The Hague, the UN secretary general acquiesced with the “flimsy justification” and removed the judge last year, despite protests by his colleagues, Mr Flügge said.

The UN general assembly later voted through a new judge proposed by Ankara, which “rewarded Turkey for its political manoeuvre”, he added.

Mr Flügge said the case would allow other countries to influence the courts.

“Every single violation of judicial independence is one too many,” he said. “Now there is this case, and everyone in the future can invoke it. Anyone can say: ‘You have allowed Turkey to prevail.’ This is an original sin. It can’t be repaired.”

Mr Flügge cited a speech by Donald Trump’s national security adviser John Bolton, in which he said the International Criminal Court (ICC) was “dead to us”, as highlighting the new threat.

In the September speech, Mr Bolton threatened ICC officials and prosecutors with sanctions and legal action “to the extent permissible under US law” and said those individuals could be barred from entering the country.

He also labelled a proposed investigation into alleged detainee abuse by US troops in Afghanistan “utterly unfounded”.

“The American threats against international judges clearly show the new political climate,” Mr Flügge said. “It is shocking. I had never heard such a threat before.”

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He added: “The judges I know are all stunned that the US is using such guns. This corresponds to the new American line: We are number one. And we are above the law.”

The UN Secretariat has been contacted for comment.

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