Plea bargaining in international criminal justice - can the International Criminal Court afford to avoid trials?

摘要

This article discusses the question as to whether plea bargaining should be introduced in the International Criminal Court (ICC). It argues that although the different features and functions of international criminal law make practices such as plea arrangements ambiguous, there are circumstances in which this practice can make a valuable contribution. Plea bargaining should, however, be used only under very restrictive circumstances and not as a mere tool of efficiency. The first section discusses to what extent plea bargaining might support or undermine the special functions of the ICC. The second section makes suggestions as to when plea bargaining should be used at the Court.