斯雷布雷尼察的司法大屠杀

对于国际法院关于塞尔维亚介入1995年发生在斯雷布雷尼察的对波斯尼亚穆斯林的大屠杀的裁决,我们完全应该从正反两方面来看待。一方面,一个国际法庭判决一个国家在一起种族灭绝的事件中负有责任,这毫无疑问是一个积极的进展。但是另一方面,法院的判决像其他那些法庭判决一样试图能给每一个人一点什么东西,但是到头来却什么都没给。

国际法院不会裁定某些特定的人在刑事上负责;那是前南斯拉夫国际刑事法庭的工作。处理国与国之间争端的国际法院,面临波斯尼亚对于塞尔维亚对斯雷布雷尼察大屠杀负有责任的指控。尽管法院判定确实发生了种族灭绝的事件,但是它裁定根据国际法塞尔维亚没有责任。

根据法院的判决,在这次种族灭绝中有罪的波斯尼亚塞族将军马尔维奇、克里斯蒂奇以及其他此类的人,既不是塞尔维亚的代理人也没有从贝尔格莱德接受任何特别的指令。因此这次种族灭绝并不能归罪于塞尔维亚,即便塞尔维亚政府为马尔维奇和他的同僚们支付薪水,同时也给他们提供财政和军事援助。塞尔维亚也不是共犯,因为尽管它对马尔维奇和他的同僚们有巨大的影响力,但是在种族灭绝发生时,它并不知道正在发生这样的一起罪行。

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