司法正义vs.政治妥协:谁来保佑持久和平?

Judicial Justice vs.Political Compromises:Who is the Guardian of Lasting Peace

和平是国际法、特别是国际刑法的终极目标之一。和平倚重多种因素,政治与法律因素至关重要。和平有持久和平与暂时和平之分,政治与法律因素经常为此相互冲突。政治家看重暂时和平,政治妥协、和解与赦免长期被视为获致和平的灵丹妙药,残酷牺牲被害利益;法律家与法学家看重持久和平、关注被害利益,认为唯有司法正义才有利于持久和平。"结束有罪不罚的历史"、"唯有司法正义才有利于持久和平",这是现代国际刑事司法的定律,但我国学界关注不足、立场分歧严重。国际刑法学者应当立场自治、恪尽使命。

Peace is one of the ultimate aims of international law and international criminal law in particular.Peace relies heavily on various factors among which politics as well as law play a key role respectively. Political factors and legal ones often fight against each other thanks to a separation of temporary peace and lasting peace.Politicians emphasizes temporary peace,which results in political compromises,re-conciliations and immunities as a sacrifice for interests of victims having long been considered a magic measures for peace;legal experts and practicing stress lasting peace and concern interests of victims,therefore a conclusion of'only judicial justice being beneficial to lasting peace'being unavoidable.'To end the history of impunity'and'only judicial justice (rather than political compromises,etc.) being beneficial to lasting peace'have been a widely recognized rule in international criminal justice,yet scholars in China either pay less attention to it or are deeply divided.Experts in international criminal law should be a little bit more independent and should try to do what should be done.