巴尔干的审判

塞尔维亚长久以来的悲剧似乎就要结束了。紧随米洛舍维奇之死,黑山又进行了关于独立的全民公决。科索沃的独立也正逐日实现。

争夺南斯拉夫继承权的战争不仅对这个四分五裂的国家中的各民族是场考验;它们也提出了行使国际公正方面的重大问题。米洛舍维奇死前所面对的这种国际审判庭究竟是推动还是阻碍着遭到重创的社会中的自省与和解呢?它们到底是在加强还是在削弱重建满目疮痍的社会和经济所必需的政治稳定性呢?

这些问题的征兆纷繁复杂。的确,设在海牙的前南斯拉夫国际刑事法庭(ICTY)的纪录可能对我们判定以这种审判方式作为终止内战和其它战争的战略之一所具有的公信力具有指导意义。在13年里,拥有1200名工作人员的ICTY花费了约12.5亿美金却只给几十个战犯定了罪。另外,虽然所有族裔集团的成员都犯下了罪行,但在审判的初期,ICTY对塞族人提起的诉讼却远比对其他族裔的要多。这样一来就强化了人们(甚至是米洛舍维奇政权的反对者)认为该法庭带有政治和反塞尔维亚色彩的印象。

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