Advising Defendants about Guilty Pleas before International Courts

The aim of the article is to convey to the reader the varietyof considerations that Defence Counsel before the InternationalTribunals must take into account when advising accused personsabout their pleas. Although there are no formally adopted sentencingguidelines for guilty pleas, certain practices and patternshave emerged in the jurisprudence. The article thus examinesthe host of mitigating and aggravating factors which the judgeshave identified in the sentencing judgments following guiltypleas. The plea-bargaining process is also discussed, in particularthe deviations between the sentences recommended in the agreementsbetween the Prosecution and Defence, and those handed down bythe Trial Chambers—another factor about which accusedpersons must be advised in deciding upon their pleas. The articleconcludes by highlighting the challenges faced by Defence Counselin applying the multiplicity of sentencing features to the factsof each case.