国际刑事法院法官询问证人裁量权问题研究——以卢班加案为例展开分析

Research On the Discretion of International Criminal Court's Judges' Questioning to Witnesses——Analysis to the Lubanga's Case

国际刑事法院卢班加案庭审过程中,被告就"法官对被告方证人进行询问的裁量权"提出质疑,具体涉及到法官的询问内容、询问形式以及被告方是否拥有对法官询问的问题进行质疑的权利等三方面裁量内容。审判分庭将该问题扩展至庭审中法官对任何证人进行询问的裁量权,从法律依据和事实依据两方面展开分析。"国际刑事法院第一案"的裁定内容与方法对其他司法实践将产生重要影响。

During the proceedings of the Lubanga＇s case,the defence questioned the discretion of the ICC＇s judges＇ questioning to witnesses called by the defence which includes three discrete areas： the subject-matter of the questions,the form of the questions and the rights of the defence to challenge questions put by the judges.The trial chamber widens the question to witnesses called by all parties and analyzes the issues from aspects of legal and factual accordings.Lubanga＇s case is the first case of the ICC and it must have a big influence on other cases within this issue.