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(单词翻译:双击或拖选)
By Lauren Comiteau
The Hague
11 March 2007
Former Yugoslav President Slobodan Milosevic was found dead in his jail cell in The Hague one year ago (3/11/07). His death put an abrupt1 end to his four-year trial on charges of genocide and crimes against humanity for his role in the Balkans wars of the 1990s, and left his many alleged2 victims hungry for a verdict they would never see. Lauren Comiteau spoke3 with Louise Arbour, the prosecutor4 who indicted6 Milosevic, about his premature7 death and its implications for justice.
An admirer of late Serbian president Slobodan Milosevic holds his portrait during a rally to mark the first anniversary of his death in downtown Moscow, 11 March 2007
Former prosecutor Louise Arbour is now the U.N. High Commissioner8 for Human Rights. She remembers the day she heard Slobodan Milsoevic was dead.
"It was probably the biggest professional disappointment to think that, because so much hope on the part of the victims was resting on this trial coming to a conclusion, with the truth being told," said Arbour. "So it is not so much a question of his punishment.
"The reality is he spent the last few years of his life in prison being called to account," she continued. "But I think it is the sense of non-closure, particularly for the victims, that was very sad. Now of course all the evidence collected in the long run will serve historians, will serve the purpose of preventing any revisionism, re-writing history. So it is not wasted by any measure."
Louise Arbour made history as the first person to indict5 a sitting head of state for war crimes. The first charges concerned fighting in Kosovo, but later included genocide allegations in Bosnia. Bringing the first charges during NATO's bombing campaign to end the Milosevic crackdown on ethnic9 Albanians in Kosovo was a gamble.
Arbour says at the time, she was worried her indictment10 could derail any potential peace process.
"For me the trick was what is my mandate11? And my mandate was to make sure that this man stands trial in The Hague," she said. "And I was very concerned that if we did not move before any peace deal, that there could be - I did not think that there could be a legal amnesty that would stick, that would be binding12, but I thought there could be a de-facto amnesty as in he would step down, he would go to a friendly country, and things would become difficult in reality, not in law. So that was the driving consideration there."
By the time Slobodon Milosevic's trial started in 2002, Arbour was back in her native Canada, a justice on her country's Supreme13 Court.
It was left to her successor, Carla Del Ponte, to try the former Serb president. By this time, there were 66 charges to prove, and Del Ponte wanted to try all of them at one time, from ethnic cleansing14 in Croatia to deportation15 in Kosovo to genocide in Bosnia.
But Milosevic, who insisted on defending himself, died before his four-year, $200-million case could conclude. This meant judges never got the chance to rule on all the evidence prosecutors16 presented, including the testimony17 of 300 witnesses and 5,000 exhibits. Arbour says his trial is full of lessons to be learned for the future.
"It is pretty clear that had the prosecutor proceeded only with Kosovo first, there is a good chance that there would have been a conclusion to at least that part," she said. "But I can see also the merits of putting the entire case together. Other mistakes, possibly in retrospect18, should these tribunals permit defendants19 to be self-represented when you see the heavy institutional demands that puts with amicus and other assistants, I think these are all issues which we are going to have to learn in the future."
International humanitarian20 law has progressed since Arbour's days in The Hague. The International Criminal Court, the first permanent body set-up to try the leaders most responsible for war crimes, is reaping the benefits of the Tribunal's experiment in international law.
But the consequences of the Milosevic regime live on. The fate of Kosovo Province, which he tried to violently control, will be decided21 by the U.N. Security Council, as Serbia and ethnic Albanians were unable to negotiate a settlement after more than a year of talks.
And Serbia is being prevented from joining the European Union until it hands over Bosnia's Serb wartime leaders, General Ratko Mladic and Radovan Karadzic. With the World Court's recent ruling that Serbia, under Slobodan Milosevic's leadership, failed to prevent genocide in Srebrenica during the Bosnian war, it is still being held to account to turn over the indicted former leaders to the Tribunal.
Arbour says all countries are bound by the court's decision.
"Whoever is sheltering him should read that part of the decision very carefully, because the responsibility to punish someone who is indicted, I think, includes the responsibility to surrender him to the court," she said.
With Slobodan Milosevic dead, the trial of General Mladic and Radovan Karadzic are the last chance for the architects of Bosnia's war to face justice.
1 abrupt | |
adj.突然的,意外的;唐突的,鲁莽的 | |
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2 alleged | |
a.被指控的,嫌疑的 | |
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3 spoke | |
n.(车轮的)辐条;轮辐;破坏某人的计划;阻挠某人的行动 v.讲,谈(speak的过去式);说;演说;从某种观点来说 | |
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4 prosecutor | |
n.起诉人;检察官,公诉人 | |
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5 indict | |
v.起诉,控告,指控 | |
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6 indicted | |
控告,起诉( indict的过去式和过去分词 ) | |
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7 premature | |
adj.比预期时间早的;不成熟的,仓促的 | |
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8 commissioner | |
n.(政府厅、局、处等部门)专员,长官,委员 | |
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9 ethnic | |
adj.人种的,种族的,异教徒的 | |
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10 indictment | |
n.起诉;诉状 | |
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11 mandate | |
n.托管地;命令,指示 | |
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12 binding | |
有约束力的,有效的,应遵守的 | |
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13 supreme | |
adj.极度的,最重要的;至高的,最高的 | |
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14 cleansing | |
n. 净化(垃圾) adj. 清洁用的 动词cleanse的现在分词 | |
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15 deportation | |
n.驱逐,放逐 | |
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16 prosecutors | |
检举人( prosecutor的名词复数 ); 告发人; 起诉人; 公诉人 | |
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17 testimony | |
n.证词;见证,证明 | |
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18 retrospect | |
n.回顾,追溯;v.回顾,回想,追溯 | |
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19 defendants | |
被告( defendant的名词复数 ) | |
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20 humanitarian | |
n.人道主义者,博爱者,基督凡人论者 | |
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21 decided | |
adj.决定了的,坚决的;明显的,明确的 | |
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