国际公正是和平之敌吗?

人们创立首家当代国际法庭,起诉战争罪犯、反人道主义罪犯和种族灭绝罪犯不过是短短15年前的事情。那家法庭就是前南国际刑事法庭,在波斯尼亚塞族战时领袖拉多万·卡拉季奇在贝尔格莱德被捕后,它也许很快就会对这位新被告做出裁决。

可是这类法庭一直在因为一个持续不变的主题而遭到人们的非议:那就是在争取公正的过程中,它们妨碍了一个更为重要目标,那就是实现和平。每当现任国家元首遭到起诉的时候,这种抱怨的声音就达到了极致。最近的例子就是国际刑事法院检察官针对苏丹总统奥马尔·哈桑·艾哈迈德·巴希尔提出的达尔富尔反人道主义和种族灭绝指控。实际上,这一次司法程序所遭到的谴责比过去更为猛烈。

控诉的声浪在1995年前南国际刑事法庭检察官起诉波斯尼亚塞族共和国总统拉多万·卡拉季奇及其军队司令拉特科·姆拉迪奇将军时也同样猛烈,在同一年的稍后几个月这两人因斯雷布雷尼察大屠杀而遭指控时反对的声音更加明显。第二次起诉所选择的时间尤其引发了争议,因为这次起诉恰好赶在了代顿和平会议召开之前。因为面临逮捕,卡拉季奇和姆拉迪奇都没有参加代顿会议。

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