Overview

International crimes, such as genocide and crimes against humanity, are complex and difficult to prove, so their prosecutions are costly and time-consuming. As a consequence, international tribunals and domestic bodies have recently made greater use of guilty pleas, many of which have been secured through plea bargaining. This book examines those guilty pleas and the methods used to obtain them, presenting analyses of practices in Sierra Leone, East Timor, Cambodia, Argentina, Bosnia, and Rwanda. Although current plea bargaining practices may be theoretically unsupportable and can give rise to severe victim dissatisfaction, the author argues that the practice is justified as a means of increasing the proportion of international offenders who can be prosecuted. She then incorporates principles drawn from the domestic practice of restorative justice to construct a model guilty plea system to be used for international crimes.

Full Product Details

Author:   Nancy Amoury Combs
Publisher:   Stanford University Press
Imprint:   Stanford University Press
Dimensions:   Width: 15.20cm , Height: 2.60cm , Length: 22.90cm
Weight:   0.630kg
ISBN:  

9780804753517

ISBN 10:   0804753512
Pages:   384
Publication Date:   20 November 2006
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Contents INTRODUCTION 1 CHAPTER ONE - INTERNATIONAL CRIMINAL JUSTICE THEN AND NOW: THE LONG ROAD FROM IMPUNITY TO (SOME) ACCOUNTABILITY 1 A. The Norms of Impunity 1 B. Tentative Steps: Establishing the Ad Hoc Tribunals and other Institutions to Prosecute International Crimes 1 C. Non-Prosecutorial Mechanisms: Reparations Schemes and Truth-Telling Commissions 1 1. Reparations Schemes 1 2. Truth-Telling Commissions 1 CHAPTER TWO - FINANCIAL REALITIES: TARGETING ONLY THE LEADERS 1 A. The ICTY and the ICTR 1 B. The ICC 1 C. Hybrid International/Domestic Courts in Sierra Leone, East Timor, and Cambodia 1 D. Domestic Prosecutions 1 CHAPTER THREE - DO THE NUMBERS COUNT? THE ENDS SERVED BY INTERNATIONAL CRIMINAL PROSECUTIONS IN SOCIETIES EMERGING FROM MASS ATROCITIES 1 A. Retribution 1 B. Deterrence 1 C. Incapacitation 1 D. Rehabilitation 1 E. Goals Specific to Societies Emerging From Large-Scale Violence 1 F. Summary 1 CHAPTER FOUR - THE PLEA BARGAINING OF INTERNATIONAL CRIMES: THE PRACTICE OF THE ICTY, ICTR, SPECIAL PANELS FOR EAST TIMOR, AND GACACA COURTS 1 A. Guilty Plea Procedures at the International Tribunals 1 B. Plea Bargaining at the ICTY 1 1. The Tribunal's Early Guilty Pleas 1 2. The Introduction of Charge Bargaining 1 3. The Evolution of Sentence Bargaining 1 4. Appeals in ICTY Guilty Plea Cases 1 5. Other Aspects of the Evolution of ICTY Plea Bargaining 1 CHAPTER FIVE: PLEA BARGAINING AT THE ICTR AND AT THE SPECIAL PANELS IN EAST TIMOR 1 A. Plea Bargaining at the ICTR 1 1. Kambanda 1 2. Serushago 1 3. Ruggiu 1 4. Rutaganira 1 5. The ICTR's Practice of Plea Bargaining 1 B. Plea Bargaining at the Special Panels in East Timor 1 1. Criminal Prosecutions at the Special Panels for Serious Crimes and an Overview of Early Guilty Pleas 1 2. The Evolution of Plea Bargaining at the Special Panels 1 C. The Plea Bargaining of International Crimes 1 CHAPTER SIX - USING CONVENTIONAL PLEA BARGAINING TO INCREASE THE NUMBER OF CRIMINAL PROSECUTIONS FOR INTERNATIONAL CRIMES 1 CHAPTER SEVEN - PLEA BARGAINING AS RESTORATIVE JUSTICE: USING GUILTY PLEAS TO ADVANCE BOTH CRIMINAL ACCOUNTABILITY AND RECONCILIATION 1 A. The Theory 1 B. The Practice 1 C. Potential Obstacles 1 D. Summary 1 CHAPTER EIGHT - APPLYING RESTORATIVE PRINCIPLES IN THE AFTERMATH OF DIFFERENT ATROCITIES: A CONTEXTUAL APPROACH 1 A. A Summary of Four Atrocities 1 1. Argentina 1 2. Bosnia 1 a. Prison Camps 1 b. Siege of Sarajevo 1 c. Srebrenica 1 3. Rwanda 1 4. East Timor 1 B. Restorative-Justice Values in Different Factual Contexts 1 1. Truth-telling 1 2. Victim Participation 1 3. Reparations 1 C. The Contours of Optimal Restorative-Justice Guilty-Plea Systems in the Argentine, Bosnian, Rwandan, and East Timorese Contexts 1 1. Argentina 1 2. Bosnia 1 3. Rwanda 1 4. East Timor 1 5. Summary 1 CHAPTER NINE: THE MINIMAL ROLE OF RESTORATIVE JUSTICE IN CURRENT INTERNATIONAL CRIMINAL PROSECUTIONS 1 A. Restorative Elements in ICTY Guilty-Plea Processes 1 1. Victim Involvement 1 2. Truth-telling 1 3. Apologies 1 A. Restorative Elements in ICTR Guilty-Plea Processes 1 1. Victim Involvement 1 2. Truth-Telling 1 3. Apologies 1 C. Restorative Elements in Special Panels Guilty Plea Processes 1 1. Truth-telling 1 D. Reconciliation and Restoration Through Rwanda's Domestic Guilty Plea Procedures and its Gacaca Courts 1 E. Reconciliation and Restoration Through East Timor's Commission for Reception, Truth and Reconciliation 1 CONCLUSION 1

Reviews

Combs skillfully introduces the subject of plea bargaining as a process that can resolve, or at least mitigate, the problems facing efforts to bring to justice the perpetrators of crimes against humanity. Time and time again, Guilty Pleas furthers the goals of restorative justice in an innovative and insightful fashion. - John F. Murphy, Villanova University School of Law

Author Information

Nancy Combs is Assistant Professor at William & Mary School of Law.

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