Bensouda releases guidelines on plea bargain agreements

The International Criminal Court (ICC) Prosecutor Fatou Bensouda has released guidelines for agreements on plea of guilt aimed at expediting trials at The Hague-based court.

As part of the plea of guilt agreements, some of the accused persons may provide critical information relevant to other investigations or prosecutions by testifying on behalf of the prosecution.

Bensouda (pictured) said the purpose of the guidelines is to set forth the prosecution office’s policy with respect to agreements regarding admission of guilt, in particular, whether and when it may be appropriate for the prosecution to enter into such agreements, and if so, under what circumstances and subject to which terms.

“It is my hope that these guidelines will offer clarity and direction in respect to such agreements between the parties, thereby expediting the judicial process, providing a further tool to the office to effectively and efficiently fulfil its mandate,” Prosecutor Bensouda said.

The accused person can make an admission of guilt with no prior consultation of, or agreement with, the prosecution and in the alternative, may admit guilt pursuant to an agreement with the prosecution.

While these guidelines provide a framework for agreements regarding admissions of guilt, Bensouda said the prosecution’s office will approach each agreement on an individual basis, and will carefully assess all relevant circumstances. 

Only one accused person has taken a plea of guilt under Article 65 of the Rome Statute since June 1, 2002, when ICC began its sittings.

In reaching an admission of guilt agreement, the prosecutor shall take into account interests of victims, as well as their expressed views and concerns.