Negotiated history: The historical record in international criminal law and plea bargaining

Abstract

One of the most important functions of the international criminal trial is to create an accurate and accessible historical record. This paper analyses to what extent plea bargaining can hinder or facilitate the establishment of the historical record. Drawing on the experience of the ICTY and the ICTR the author makes a number of proposals as to what how and to extent plea bargaining should be used at the ICC to advance rather than to obstruct the historical record. © 2010 Martinus Nijhoff Publishers.