Is it pragmatism or an injustice to victims? The use of plea bargaining in the International Criminal Court

This article examines the use of plea bargaining in international criminal trials through the lens of fundamental ethical principles of international law. Under the fundamental ethical principle theory, granting prosecutors and judges the flexibility of plea-bargaining in international criminal trials may not be in tandem with the stated goals of international criminal prosecutions of fighting impunity, demanding accountability on perpetrators, providing a platform for victims' rights and restoring peace and reconciliation in the community. Moreover, it may also undermine the pedagogical value of international criminal trials which is to create historical records of atrocities and providing voices to victims of international crimes.