审判萨达姆

定于10月19日开始的对萨达姆的审判有何不妥?在伊拉克宪法全民公决之后仅4天就举行的这场审判被鼓吹为可与查理十世和路易十六的审判相提并论的“宪法时刻”。该审判的进程据称能帮助伊拉克推进从暴政向民主的转变。果真会如此吗?

到目前为止,所有的迹象都表明这场审判不大会实现其宏大的目标。在战后的伊拉克,刑事审判从一开始就和其无源之水般的立宪相似:原子论般的审判,激进的肃清和妥协的选举。最令人惊愕的是在被占领之后急切的“非社会党化”,将许多现行制度都剔除一空。

与压制性的政权相关联的个人和集体责任往往会造成如何应对旧制度方面的困境。但在伊拉克,取消军队和警察只是让这个国家陷入国内安全的真空。当所犯的错误得到承认时,损害已经造成,安全被无谓地牺牲了。另外,伊拉克正在进行的宪法改革的合法性的潜在来源,比如议会,也被摧毁了。

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