Pleading for Justice: The Availability of Plea Bargaining as a Method of Alternative Resolution at the International Criminal Court

Kovarovic, Kate

Journal: Journal of Dispute Resolution

Volume: 2011

Year: 2011

Bluebook Citation: 2011 J. DISP. RESOL. (2011)

Author: Kate Kovarovic: all 6 publications


Abstract

This article serves to illustrate how the implementation of a plea bargaining process at the ICC would enable the Court to achieve both peace and justice. Part II begins by analyzing the history of plea bargaining in the international criminal arena, using the ICTY and the ICTR as models of the successful incorporation of plea bargaining into a court's adjudication process. Part III transfers these advantages to the ICC by examining how the plea bargaining process would advance the Court's goals of achieving peace and justice. Part IV moves from the theoretical to the practical by analyzing how the principles of ADR provide a framework for establishing a functional plea bargaining process at the ICC.

Finally, Part V provides conclusive remarks about the role of plea bargaining in attaining peace and justice at the ICC.

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