ABSTRACT

This chapter is concerned with the systemic and structural constraints which threaten notions of fair trial within international sentencing processes, particularly procedural mechanisms for sentence reduction. The issue is explored by focusing on the nature and form of plea bargaining in international criminal trial processes, including the discretionary power of the prosecution, defence and judiciary, the nature and extent of victim involvement, questions relating to the transparency of process, proportionality and desert implications, and the broader implications for adversarial/ inquisitorial trial paradigms.