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审判是解决武装冲突相关人员刑事责任的主要方式。公正审判原则规定在《日内瓦公约》及其附加议定书中,也被联合国制定的一系列国际刑事司法准则所吸收。从国际司法实践来看,公正审判原则是武装冲突中被追诉者享有的基本权利,包括由独立、公正和正规的审判组织审判,遵循无罪推定原则以及保障程序参与权等。公正审判原则不仅能够准确惩罚武装冲突中非正义方,实现正义价值,还能够起到增加判决合法性、可接受性和权威性的效果,对战争狂热者和右翼分子起到警告和遏制的作用。
Trials are the primary means of resolving the criminal responsibility of those involved in an armed conflict. The principle of fair trial has also been adopted by the United Nations in a series of norms of international criminal justice in the Geneva Conventions and their Additional Protocols. Judging from the international judicial practice, the principle of fair trial is the basic right enjoyed by persons being prosecuted in armed conflicts, including the organization of trials by independent, impartial and formal trials, the principle of presumption of innocence and the protection of procedural participation. The principle of fair trial can not only accurately punish the non-just parties in armed conflict and realize the value of justice, but also can enhance the validity of judgments, enhance their acceptability and authority and play a warning and deterrent role for war fans and right-wingers .