Is Plea Bargaining in International War Crimes Tribunals an Effective Tool in the Process of Reconciliation?
Is Plea Bargaining in International War Crimes Tribunals an Effective Tool in the Process of Reconciliation?
Author(s): Miloš BogičevićSubject(s): Criminal Law, International Law, Human Rights and Humanitarian Law, Criminology, Studies in violence and power, Peace and Conflict Studies
Published by: Udruženje “Pravnik”
Keywords: International war crimes; international law; human rights; International Criminal Tribunal for the Former Yugoslavia;
Summary/Abstract: This essay explores the role that international war crime tribunals have in the process of reconciliation and restoration of peace. In this paper, particular focus shall be placed on the role of the International Criminal Tribunal for the Former Yugoslavia (ICTY) in achieving these goals and the appropriateness of the current Rules of Procedure for reaching the goal of reconciliation. It explores the meaning of reconciliation and shows that truth about past events is a prerequisite for it. It shows that plea bargaining distorts the truth and therefore may impede with the process of reconciliation.
Journal: International Journal on Rule of Law, Transitional Justice and Human Rights
- Issue Year: 1/2010
- Issue No: 1
- Page Range: 42-49
- Page Count: 8
- Language: English