| Since the outbreak of COVID-19,International Criminal Court and the Special Courts have responded positively to the guidelines of WHO and United Nations and adopted online office and remote court to maintain the normal operation.The interim guidance document issued by the Office of the International Criminal Court provides the Chamber with extensive discretion to determine whether to conduct hearings using technology.Remote court simplifies some litigation tasks and plays an obvious role in improving trial efficiency.However,while alleviating the defendant’s burden of litigation,it will inevitably infringe on some of his basic rights.Whether the defendant’s rights are effectively guaranteed is an important part of international human rights law and International Covenant on Civil and Political Rights.Therefore,how to effectively protect the justice of criminal remote trial and the legitimate rights of the defendant while pursuing efficiency is particularly urgent and important.International Criminal Court should pay more attention to the effective establishment and improvement of the protection mechanism of the defendant’s procedural rights under the criminal remote trial,to achieve the purpose of protecting human rights and safeguarding procedural justice.At present,most of the research on the remote courtof International Criminal Court focuses on the introduction of the basic theory.There is a lack of research on the determination of the legal effect of the remote court and the relief channels of the defendant.Starting from the introduction of the basic procedural rights of the defendants in International Criminal Court,this paper analyzes the development history of the remote court of the International Criminal Court.It summarizes the value of the remote court of the International Criminal Court for the protection of the defendant’s rights.Then it analyzes the research on protecting the defendant’s right to presence,defense,and fair trial under the remote trial of International Criminal Court.Through the analysis of the legal provisions such as the Rome Statute and the jurisprudence of International Criminal Court,this paper explores the practical challenge of protecting the defendant’s litigation rights under the current remote court and put forward relevant suggestions.Finally,it introduces the enlightenment of the remote court of International Criminal Court to the international judicial practice.Such as accurately delimiting the application scope of remote trial cases,clarifying the legal effect and relief channels of remote court,standardizing remote trial litigation activities,and establishing remote trial technical standards.Protecting the legitimate rights and interests of the defendant under the remote court is the improvement of the international criminal justice system,which is also conducive to the rapid development of the whole international criminal trial. |
