被告人vs.检察官和被害人:谁的“正义”最重要?——ICC第一案“中止审判”启示录

Defendants v.the Prosecutor and Victims:Whose"Justice"is the Greatest One?——An Enlightenment from the"Halt"of the First Case of ICC

对于国际刑事法院而言,"第一案"能否顺利推进至关重要。令人震惊的是:在被告人的基本"正义"与检察官和被害人发生冲突时,审判一庭最近最终选择了前者,中止本案全部诉讼。刑事法治的核心要义在于保障被告权利,看来国际、国内并无差别。

It's very important for ICC to deal with its first case successfully.We are,however,extremely surprised to see that Trial Chamber 1 recently and finally decided to halt the whole proceedings of the case merely because the judges had to let the defendant's basic interest of justice survive those of both the prosecutor and victims.To protect defendants' procedural rights as well as possible has long deeply rooted in the ideas of criminal rule of law.It seems that it's the case both at national leval and international leval.