the search of truth, or if it is the expression of a more horizontal model of justice. I will focus on what I consider is the crucial element for the legitimacy of pleaagreements, namely the voluntariness.
The present study stems partly from the reading of the European Court of Human Rights’ (ECtHR
process. Keywords ICC Statute; sentencing; proportionality; amnesties; pleaagreements; restorative justice I. Introduction Whilst pursuing accountability goals, a balance should be reached between proportionality 1 and culpability which means that consistency demands similar crimes be dealt with in equal
pleaagreements with the potential for reconciliation. 7 The Trial Chamber explicitly accepted that acceptance of responsibility by admitting guilt is an important factor in the process of reconciliation, particularly the notion that it could lead to a more widespread acceptance of responsibility among
frequent method of case finalization is not one that follows a fiercely fought battle between […] state and defendant”,
but rather a process of bargaining among them, which results in a pleaagreement. In brief: of the 90 countries studied by Fair Trials, 66 now have a “trial waiver system” in
prosecutor have concluded a guilty pleaagreement, which, inter alia , stipulates that the accused forfeits his right to appeal and that he will not appeal a sentence within a certain range. 35 In another example, a convicted person discontinued his appeal against his first instance decision of conviction
This book provides a comprehensive guide to the jurisprudence of the criminal tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR), Special Court for Sierra Leone (SCSL), the International Criminal Court (ICC), the European Court of Human Rights (ECHR) on procedural and evidential matters.
The book contains a digest of relevant decisions, orders and judgments (which are collectively referred to as “decisions”) of the ICTY, ICTR, the Special Court (hereinafter “
ad hoc Tribunals”), the ICC, and the ECHR. The CD-ROM which accompanies this book includes the decisions themselves, which are organised topically on it. Most of the decisions on the CD-ROM are in electronically searchable format. The book also includes relevant provisions from the Statutes and Rules of Procedure and Evidence of the
ad hoc Tribunals and the ICC, as well as the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).
The book, together with the collections of decisions, will assist practitioners and researchers in studying the jurisprudence of the Tribunals. This jurisprudence reflects the current state of international criminal law. It will inevitably influence approaches of international courts, including the ICC and "hybrid" tribunals, as well as national courts.