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

About the Author

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

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 "Plea bargaining (and amnesty) constitutes the critical dilemma of international criminal law. Nancy Combs provides the most thorough treatment we have of it. This is a thoughtful book that exposes the paradoxes in the way rule of law policies work out. It is a landmark contribution to international criminal law and to restorative justice scholarship." - John Braithwaite, Australian National University "Guilty Pleas builds on the tension between the rights of victims to see perpetrators brought to justice and modern concepts of restorative justice. Combs sets out an eloquent case for a plea bargaining approach, derived from experience before national courts." - William A. Schabas, National University of Ireland, Galway "Combs has produced the first definitive treatment of the controversial issue of plea bargaining in cases involving the gravest crimes known to humankind. This meticulously researched and superbly written book is essential reading for anyone working or writing in international criminal law." - Michael P. Scharf, 2005 Nobel Peace Prize nominee, Professor of Law and Director of the Frederick K. Cox International Law Center, Case Western Reserve University School of Law