By Nancy Combs
Although present plea bargaining practices should be theoretically unsupportable and will supply upward thrust to serious sufferer dissatisfaction, the writer argues that the perform is justified as a method of accelerating the share of foreign offenders who might be prosecuted. She then contains rules drawn from the household perform of restorative justice to build a version responsible plea procedure for use for overseas crimes.
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Extra resources for Guilty pleas in international criminal law constructing a restorative justice approach
Budget. This fact is not coincidental. N. ” This prediction came to pass. By 2003, the Special Court faced a financial crisis so severe that its operation could not be guaranteed beyond the end of the year. N. indb 36 10/4/06 6:46:13 AM financial realities 37 funding has led court staff to devote extensive time to fund-raising rather than to court operations, and it has prevented the hiring of necessary staff since funding for the relevant positions has been uncertain. The Special Court’s funding shortfall bodes especially poorly because the court’s budget is so spare to begin with.
It is not surprising, then, given these circumstances, that South Africa failed to conduct large-scale human-rights prosecutions after the initial, expensive few were completed. Rwanda’s criminal justice system was in a far graver state of disrepair following the shattering violence of 1994; consequently, its early, ambitious attempts to prosecute the more than one hundred thousand genocide suspects were characterized by widespread due-process violations, largely resulting from lack of funding.
Inadequate funding in addition impaired defendants’ rights to legal representation. 3 million annual budget, and, at the outset, virtually none of those funds were allocated to defense costs. As a result, defense attorneys had virtually no ability to undertake investigations in early cases, and indeed, not a single defense witness was called to testify in the first fourteen trials at the Special Panels, not even in the Los Palos case, a massive case charging crimes against humanity against ten defendants.