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Restorative justice under the ICC penalty regime

Restorative justice under the ICC penalty regime

Radosavljevic, Dragana (2008) Restorative justice under the ICC penalty regime. The Law & Practice of International Courts and Tribunals, 7 (2). pp. 235-255. ISSN 1569-1853 (Print), 1571-8034 (Online) (doi:https://doi.org/10.1163/157180308X37309)

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Abstract

This paper investigates the International Criminal Court's prosecutorial and sentencing strategies in supplying durable international, and through complementarity, national accountability mechanisms with clearly defined sentencing objectives. By scrutinising the scope of plea agreements as a validated trial strategy for international crimes and the sentencing rationale of the same, this work evaluates the impact these have on restorative and reconciliatory justice. An overview of this practice as well as that of amnesties aims to illustrate the ideologically ambivalent model of international justice under the ICC Statute and its detrimental outcome, or impartial approach to international justice and, importantly, to the quest for truth. This results in potential distortion of the historical record accompanying conflict, which in turn is fundamental to any peace building and reconciliation process.

Item Type: Article
Uncontrolled Keywords: ICC statute, sentencing, proportionality, amnesties, plea agreements, restorative justice
Subjects: J Political Science > JX International law
K Law > K Law (General)
Pre-2014 Departments: School of Humanities & Social Sciences
School of Humanities & Social Sciences > Department of Law & Criminology
Related URLs:
Last Modified: 14 Oct 2016 09:08
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/3256

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