Criminal Prosecution and Transitional Justice does Plea Bargaining Help in Fostering Reconciliation? Plea Agreements Before the Bosnia and Herzegovina War Crimes Chamber Cover Image

Criminal Prosecution and Transitional Justice does Plea Bargaining Help in Fostering Reconciliation? Plea Agreements Before the Bosnia and Herzegovina War Crimes Chamber
Criminal Prosecution and Transitional Justice does Plea Bargaining Help in Fostering Reconciliation? Plea Agreements Before the Bosnia and Herzegovina War Crimes Chamber

Author(s): Elena Atzeni
Subject(s): Criminal Law, Law and Transitional Justice, Criminology, Studies in violence and power, Peace and Conflict Studies
Published by: Udruženje “Pravnik”
Keywords: Criminal prosecution; transitional justice; reconciliation; Bosnia and Herzegovina; War Crimes Chamber;

Summary/Abstract: This essay expounds on the advantages and disadvantages of plea bargaining in war crimes trials, notably in the context of BiH War Crimes Chamber. The ruling about Dušan Fuštar will be taken as a case in point for essentially two merits: first, it illustrates the difference existing between ―charges bargaining and ―sentence bargaining. In so doing, I will illustrate why an agreement on the scope of the sentence should be preferred to one involving dropping charges. Secondly, I will assess the rationale behind the court‘s mitigating of the sentence and thereby will draw some final remarks as to the most apt way to deal with plea agreements in the context relevant to this study.

  • Issue Year: 1/2010
  • Issue No: 1
  • Page Range: 50-55
  • Page Count: 6
  • Language: English