坚持海牙路线

华盛顿特区——就职8年后,海牙国际刑事法庭负责前南问题的首席检查官卡拉·德尔蓬特(Carla del Ponte)即将期满卸任。前南问题法庭最初由联合国发起成立,负责对巴尔干战争中犯下暴行的各方——塞尔维亚人、波斯尼亚穆斯林人、克罗地亚人以及后来的阿尔巴尼亚科索沃人提起诉讼。于是,由联合国任命一名有能力接替德尔蓬特的新任检察官的工作势在必行。

前南斯拉夫国际刑事法庭是继二战纽伦堡和东京法庭后首次设立的国际刑事法庭。尽管刚刚开始时并不顺利,但它已经在对80名被告进行基本公平的审判后将他们绳之以法,其中包括将军、国家元首和残暴的集中营司令,并因此在国际社会享有盛誉。作为卢旺达、塞拉里昂、东帝汶、柬埔寨和永久性国际刑事法院等一系列战争法庭的旗帜,前南国际刑事法庭现在已经进入最后的阶段,并将于2010年完成自己的历史使命。
最后这几年非常关键,它不仅影响到前南国际刑事法庭的声誉和传统,还将影响到国际人道主义法律(即所谓“战争法”)的实施。前南国际刑事法庭完整地见证了一个非凡法学实体的发展,正是这一实体为国际法抽象的规则注入了生命。它明确了海牙和日内瓦公约中被占领区战俘和平民待遇的含义和占领者的义务。这样的创举绝不能半途而废。

最高级别的审判有很多才刚刚开始,也有些即将拉开序幕。还有大量的指控等待裁处,它们提出了战争法中许多悬而未决的问题。尽管前南国际法庭只有四名被告尚未归案,但其中的姆拉吉齐和卡拉季奇两名逃犯却是最臭名昭著的嫌犯成员,只有他们被绳之以法,前南国际刑事法庭的工作才有可能圆满结束。

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