永远不要再进行种族屠杀审判

海德堡——很少看到如此振奋人心的消息:6月下旬,前南问题国际法庭(ICTY)宣判前波斯尼亚塞族领导人拉多万·卡拉季奇的种族灭绝罪名不成立。这乍听上去似乎是件坏事:卡拉季奇曾警告波黑穆斯林战争会将他们引入地狱,他曾犯下难以名状的谋杀、围困和杀戮等罪行,假使因为刚刚得到赦免的行为而被判有罪也毫不稀奇。可被控种族灭绝恐怕并不合适。

其实,我们最好能够彻底取消种族灭绝罪。种族灭绝罪的法律概念如此混乱,对国际法所服务的宗旨如此有害,最好从来没有人发明过它。卡拉季奇被判无罪恰恰因为他还在为与同样暴行有关的其他罪名受审,而这是实现取消种族灭绝罪名目标的一次合理的机会。

这并非只是一次简简单单的宣判无罪。前南问题国际法庭裁定在长达两年的审判后,控方并未拿出足够证据说服任何法官卡拉季奇在波黑战争初期犯有种族灭绝罪(卡氏同时还面临1995年7月斯雷布雷尼察大屠杀的独立审判,而控方正就无罪宣判提起上诉)。法院的态度非常坚定:虽然目前只剩下为数不多的几次庭审,但除斯雷布雷尼察外法院尚未做出任何有关种族灭绝罪的判决。

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