和平的代价

马德里—和平和正义之间的关系长期以来一直是两极分化的争论的主题。一些人认为追求正义会阻碍冲突解决努力,也有人——包括国际刑事法庭(ICC)总检察官本索达(Fatou Bensouda)——认为正义是和平的先决条件。在哥伦比亚总统桑托斯领导该国与哥伦比亚歌名武装力量(FARC)举行五十年激烈冲突史中最有希望的和平谈判时,他必须仔细考虑这一问题。

纳粹德国在二战无条件投降后进行的纽伦堡审判提供了后冲突时代正义的理想榜样。但是,在尚未产生胜败的冲突中,和平缔造者的职责更具挑战性。根据具体情况,妥协和问责之间做出权衡是不可避免的。

1945年以来,记录在案的后冲突过渡期大赦就有500多起;自1970年代以来,至少14个国家——包括西班牙、莫桑比克和巴西——对犯有严重侵犯人权罪行的当局实行了特赦。在南非,特赦是“真相和妥协”过程的关键要素。而这一过程又是南非从四十多年白人少数统治转向民主的关键。

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