虚伪的逮捕令

伦敦—本月早些时候,国际刑事法院(ICC)支持本院的首席检察官的要求,向苏丹总统奥马尔·艾尔—巴希尔(音译,中文标准翻译是奥马尔·哈桑·艾哈迈德·巴希尔或奥马尔·巴希尔)发出逮捕令,指控他犯了战争罪和反人类罪。巴希尔的回应是将在达尔富尔照管难民营事务的外国援助机构驱逐出境。

国家的现任领导人被指犯下了战争罪,这还是第一次。全世界的反应主要分做两种:有些人欢呼这一举措是向着国际正义迈出的一大步,还有些人指责这是殖民主义。而这两种立场都已经完全地陷入了智力和道德的迷雾。

逮捕令并不是向前的一大步。从法律的观点来看,被告是现任国家领导人还是卸任国家领导人并没有区别。然而在实际中两种情况大不相同:在任的统治者将来能给他的人民造成的伤害要远比卸任统治者严重,因此不应该刺激在任统治者采取报复行为。

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