Plea Agreements in the ICTY: Purpose, Effects and Propriety

Plea agreements have an impact on a number of issues affectingvictims or perpetrators, extending beyond the resource and investigativeadvantages that prompted the growing use of plea agreementsin the International Criminal Tribunal for the former Yugoslavia(ICTY). This article considers whether these effects advanceor offend the objectives underlying the establishment of theICTY. It argues that the plea-agreement process has positiveconsequences for the creation of a historical record and forproviding an opportunity for victims to be heard. It also contendsthat recent rulings have reduced the possibility that plea agreementsmight result in unequal treatment of convicted persons or dismissalof critical charges. Finally, the article suggests that theultimate contribution of plea agreements to the work of theICTY should be viewed not principally as a saving in resources,but rather as a tool for furthering accountability and justiceunder the all too real pressures of limited time and resourceson the fulfilment of the ICTY's mandate.