阿布格莱布的罪与耻

针对虐囚的美国士兵的军事法庭审讯已经启动。这些人直接参与了对伊拉克囚犯令人发指的侮辱。美国军方将会竭力证明被告有罪而其言外之意就是起诉方-即军方本身-是无罪的。这对于任何一桩刑事诉讼来说都是一柄双刃剑。控方必须假定他们拥有对被告进行指控的道德权力,而这正是美军在伊拉克面临的问题。

每当政府丧失道德权力,如当警察为了取得证据而违反宪法时,为案子定罪就会变得很困难。正如已过世的美国最高法院法官路易斯•布兰戴斯所言,政府必须保持其作为我们最高理想的"无所不在的导师"的地位。在阿布格莱布丑闻中,军方和布什政府完全不是什么良师,而公众和传媒也颇有同谋之嫌。那么一个有罪的集体如何能够挑选出一些嫌犯并将其作为有罪的个体进行起诉呢?

确切地说,美军方对于折磨和其它劣行的集体责任的程度还值得争议。究竟是罪责还是羞耻才是公众应有的反应呢?许多人已经耳闻目睹了足够的事实使自己对作为美国的一分子感到羞愧。这个国家以正义的理由开战,结果却在模仿(如果不是更甚的话)被其称为"流氓国家"的敌国的暴行。

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