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

Negotiated history: the historical record in international criminal law and plea bargaining
Negotiated history: the historical record in international criminal law and plea bargaining
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.
international criminal law, plea bargaining, historical record
1567-536X
739-770
Rauxloh, Regina E.
8ce77860-d780-4c02-9d0d-e65f0fd6e988
Rauxloh, Regina E.
8ce77860-d780-4c02-9d0d-e65f0fd6e988

Rauxloh, Regina E. (2010) Negotiated history: the historical record in international criminal law and plea bargaining. International Criminal Law Review, 10 (5), 739-770. (doi:10.1163/157181210X527091).

Record type: Article

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.

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Published date: 2010
Keywords: international criminal law, plea bargaining, historical record
Organisations: Southampton Law School

Identifiers

Local EPrints ID: 353943
URI: http://eprints.soton.ac.uk/id/eprint/353943
ISSN: 1567-536X
PURE UUID: 364d3434-7201-4e8f-af54-5065ed72a0bc
ORCID for Regina E. Rauxloh: ORCID iD orcid.org/0000-0003-2711-1424

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Date deposited: 25 Jun 2013 13:09
Last modified: 14 Mar 2024 14:12

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Author: Regina E. Rauxloh ORCID iD

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