ABSTRACT

Retribution is currently recognized as a prime objective of criminal trials, and international criminal justice (ICJ) is no different in this regard. Perhaps now more so because the trial is crucial to the delivery of ICJ. However, the aspirations declared for ICJ involve both restoration and retribution ( Harvard Law Review, 114 (2001): 1970). With this in mind can we anticipate that trial decision-making in the international context might also develop restorative commitments, provided the conditions for such a transformation of the trial process are right? Or are the trial and restorative justice (RJ) to continue as alien at the global level? This chapter will explore the case and the conditions necessary for this transformation.