近来,律师在国际刑庭上辩护而遭国家干涉的情形日益增多。卢旺达问题国际刑事法庭和前南斯拉夫问题国际刑事法庭的法庭规约中均未明确提及律师豁免问题的条款,这为法庭的正常运作留下不确定因素。在国际法律文件、国内和国际实践等的支撑下,本人认为律师职能豁免应得到承认。 Recently, there has been an increase in the number of lawyers’ defense by the State while intervening in the International Criminal Court. Neither the Rwanda Tribunal nor the International Criminal Tribunal for the Former Yugoslavia have explicitly referred to the terms of the issue of solicitors’ waiver in the statute of the Tribunal, leaving uncertainties in the normal functioning of the Tribunal. With the support of international legal documents, domestic and international practices, I think the lawyer’s immunity should be recognized.