4　国際刑事裁判をめぐる「国際正義」と「現地（の）正義」

抄録

Norms and systems of international criminal justice are rapidly developing through the creation and activities of international criminal tribunals and courts. At the same time however, their functions and impacts have been variously criticized. In addition to the traditional “peace vs. justice” debate, there is an emerging question of whether the pursuit of justice through international criminal mechanisms truly meets the needs and expectations of local communities that have been victims of heinous crimes. This becomes a crucial issue as international criminal justice comes to be regarded as an important tool for the implementation of “transitional justice,” which focuses on the people affected by violence. Critics of international criminal justice argue that local communities do not welcome international tribunals and courts because trials do not concord with local customs and understandings of justice. However, empirical studies on conflict-affected societies show that among local populations, particularly among victims of crimes and violence, there is substantial support for criminal justice. Instead, local dissatisfaction stems from the way the international community approaches trials. Past cases show that local people have been unhappy about the lack of information on the international criminal justice process and their direct participation in it and have taken issue with the international standard of justice regarding jurisdiction and punishment. More substantially, there is a potential tension between international justice and local justice based on their different conceptions of the function of international criminal justice: the former sees international trials as important for consolidating international norms, whereas the latter sees them as a tool of transitional justice that serves the victims. These two views currently coexist, but there is no clear criterion by which to prioritize them when they come into conflict. This illustrates how international criminal justice has come to embody multiple functions and expectations for different constituencies of the world. It suggests both great possibilities and challenges for international criminal justice.