국제형사재판소의 피해자 참여권과 피고인 권리의 갈등과 균형에 대한 연구

Victim‘s participation offers individual criminal victims an meaningful opportunity to play an important role in the criminal procedures. The Rome Statute of ICC grants victim participation in the criminal process by discretion of Chamber. Victims may play an important role in all stages of the proceedings. Victim's participation in ICC is ruled by Article 68(3). According to this Article, the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court. Article 68(3) also only restricts victim's participation as it is prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. This could be the limitation of victim's participation in the procedure. However these provisions in the Rome Statute are somewhat vague, and Chamber admits victim's participation broadly. Giving participatory rights to victims widely will necessarily conflict with the accused’s right to a fair and expeditious trial. The addition of multiple victims or even a single victim in a criminal trial may create an imbalance between them. The Rome Statute and Rules may have internal contradictions of the rights between victims and defendants. Excessive participation of victim at the ICC may conflict with the rights of the accused. The ICC should consider reconciling the conflict between rights of victims and defendants, as our criminal justice system is.