Kadhafi: un "assassinat" mérité?

Article de Charles Krauthammer dans le Washington post. Pertinent, mais sans pitié. Kadhafi méritait-il une fin différente?

"You’ve got your Mexican standoff, your Russian roulette, your Chinese water torture. And now, your Libyan crossfire. That’s when a pistol is applied to the head and a bullet crosses from one temple to the other.

That’s apparently what happened to Moammar Gaddafi after he was captured by Libyan rebels — died in a “crossfire,” explains Libya’s new government. This has greatly agitated ACLU types, morally unemployed ever since a Democratic administration declared Guantanamo humane. The indignation has spread to human rights groups and Western governments, deeply concerned about the manner of Gaddafi’s demise.

Let’s begin at the beginning. Early in the revolution, Gaddafi could have had due process. Indeed, he could have had something better: asylum (in Nicaragua, for example) with a free pass for his crimes. If he stepped down, thereby avoiding the subsequent civil war that killed thousands of his countrymen, he could have enjoyed a nice, fat retirement, like that of Idi Amin in Saudi Arabia.

Like Amin, Gaddafi would not have deserved a single day of untroubled repose. Such an outcome would itself have been a gross violation of justice, as he’d have gone unpunished for his uncountable crimes. But it would have spared his country much bloodshed and suffering.

Such compromises are fully justified and rather common. They are, for example, the essence of the various truth and reconciliation commissions in countries transitioning from authoritarianism to democracy. In post-Pinochet Chile and post-apartheid South Africa, it was decided that full justice — punishing the guilty — would be sacrificed in order to preserve the fragile social peace of the new democracy.

The former oppressors having agreed to a peaceful relinquishing of power, full justice might have ignited renewed civil strife. Therefore, these infant democracies settled for mere truth: a meticulous accounting of the crimes of the previous regime. In return for truthful testimony, perpetrators were given amnesty.

Under the normal rule of law, truth is only a means for achieving justice, not an end in itself. The real end is determining guilt and assigning punishment. But in war and revolution one cannot have everything. Justice might threaten peace. Therefore peace trumps full justice.

Gaddafi could have had such a peace-over-justice compromise. He chose instead to fight to the death. He got what he chose."

Pour la suite:
http://www.washingtonpost.com/opinions/libyan-crossfire/2011/10/27/gIQA1DXMNM_story.html