1 The December 2000 guilty plea of Stevan Todorović, Prosecutor v. Todorović, Case No. IT-95-9/1-S, Sentencing judgment, para. 4 (July 31, 2001) [hereinafter Todorović sentencing judgment], was followed in September 2001 by three guilty pleas in the Sikirica case, Prosecutorv. Sikirica, Case No. IT-95-8-S, Sentencing judgment (Nov. 13,2001) [hereinafter Sikirica sentencing judgment]. Five months later, in February 2002, Milan Simić pleaded guilty, Prosecutorv. Milan Simić, Case No. IT-95-9/2-S, Sentencing judgment, paras. 9-10 (Oct. 17, 2002) [hereinafter Simić sentencing judgment]. Biljana Plavšić, the defendant in the instant case, pleaded guilty eight months after that, in October 2002, Prosecutor v. Plavšić, Case No. IT-00-39&40/1-S, Sentencing judgment, para. 5 (Feb. 27, 2003) [hereinafter Plavšić sentencing judgment]. The pace has quickened in recent months with Momir Nikolić and Dragan Obrenović pleading guilty in May 2003, ICTY Press Release JL/P.I.S./751-e (May, 7, 2003) (Nikolić), ICTY Press Release JL/P.I.S./756-E (May, 21,2003) (Obrenović), and these pleas were quickly followed by Predrag Banovic's guilty plea in June 2003, ICTY Press Release JL/P.I.S./764-e (June 26, 2003), by Darko Mrdja's guilty plea in July 2003, Marlise Simons, In a Startling Plea, a Serbian Policeman Confesses to Atrocities, N.Y. TlMES july 27,2003, §1, at 9, by Miodragjokic's guilty plea in August 2003, ICTY Press Release CVO/P.I.S./776-e (Aug. 27, 2003), and by Dragan Nikolić's guilty plea in September 2003, ICTY Press Release CVO/P.I.S./778-e (Sept. 4,2003). The basic legal documents, cases (judgments, orders, transcripts, and so on), press releases, and other materials relating to the ICTY are available on its Web site, >http://www.un.org/icty/>.

Two ICTY defendants pleaded guilty prior to Todorović, though in neither case did prosecutors bargain with the defendants in order to induce their pleas. Dražen Erdemović, a foot soldier in the Serbian army who participated in the Srebrenica massacres, brought himself and his crimes to the attention of the ICTY in 1996 and, once an indictment was prepared, immediately told prosecutors everything he knew and pleaded guilty to crimes against humanity. Prosecutor v. Erdemović, Case No. IT-96-22-T, Sentencing judgment, paras. 3, 6, 10 (Nov. 29, 1996). Goran Jelisić offered the next guilty plea (over the objections of his lawyers), and he received no concessions therefor. Prosecutor v. Jelisić, Case No. IT-95-10-T, Judgment, paras. 12[a], 15-16 (Dec. 14,1999). For a more detailed discussion of Erdemović and Jelisić, see Nancy Amoury Combs, Copping a Plea to Genocide: The Plea Bargaining of International Crimes, 151 U. PENN. L. REV. 1, 109-17 (2002).

At the ICTY's sister tribunal, the International Criminal Tribunal for Rwanda, three defendants have pleaded guilty: Jean Kambanda, Omar Serushago, and Georges Ruggiu. See Prosecutor v. Kambanda, Case No. ICTR-97-23-S, Judgment and Sentence, para. 3 (Sept. 4,1998); Prosecutor v. Serushago, Case No. ICTR-98-39-S, Sentence, paras. 2-4 (Feb. 5,1999); Prosecutor v. Ruggiu, Case No. ICTR-97-32-I Judgment and Sentence, paras. 7,44 (June 1,2000). The basic legal documents, cases (judgments, orders, transcripts, and so on), and other materials relating to the ICTR are available on its Web site, <http://www.ictr.org>.

2 Simić sentencing judgment, supra note 1, paras. 10-11.

3 Sikirica sentencing judgment, supra note 1, para. 33.

4 See supra note 1.

5 See, e.g., Marlise Simons, Ex-Bosnia Serb Leader Enters Guilty Plea in The Hague, N.Y. TIMES, Oct. 3, 2002, at A6; Isabelle Wesselingh, Former Bosnian Serb President Admits Crimes Against Humanity, AGENCE FRANCE-PRESSE, Oct. 2, 2002; Katarina Kratovac, Bosnian Serb Leader Pleads Guilty to Crimes Against Humanity at Yugoslav Tribunal, ASSOCIATED PRESS, Oct. 2, 2002.

6 Plavšić sentencing judgment, supra note 1, para. 10.

7 Bosnia's Iron Lady Jailed, BBC ONLINE NEWS REPORT, Feb. 27, 2003; Serb War Criminal Sentenced to 11 Years in Prison, ASSOCIATED PRESS, Feb. 27, 2003 (describing Plavšić as the “right hand” of Radovan Karadžić); Isabel Vincent, Bosnia's Iron Lady’ Owns Up to Atrocities, Implicates Milošević, NATIONAL POST, Dec. 17, 2002; Katarina Kratovac, Bosnian Serb Leader Pleads Guilty to Crimes Against Humanity at Yugoslav Tribunal, ASSOCIATED PRESS, Oct. 2, 2002. Plavšić once described Muslims as “a genetic defect on the Serbian body.” AlissaJ. Rubin, Former Serb Leader's Admission of Guilt Alienates Compatriots, L.A. TIMES, Dec. 16, 2002, at A4. A notorious photograph taken during the first days of the conflict showed Plavšić stepping over the body of a dead Muslim civilian to kiss the murderous Serbian warlord Zeljko Raznjatovic, better known as Arkan, greeting him as a patriot. Bill Glauber, Sentence Hearings Start for Iron Lady of Balkans, Cm. TRIB., Dec. 17, 2002, at 3.

8 Plavšić sentencing judgment, supra note 1, para. 15.

9 Id., paras. 30-48.

10 See supra note 1.

11 Plavšić sentencing judgment, supra note 1, para. 32.

12 Id., para. 41.

13 Id., para. 44.

14 Prosecutor v. Plavšić, Case No. IT-00-39&40/1-S, Transcript, at 416 (Dec. 16,2002) [hereinafter Dec. 16 transcript]; Plavšić sentencing judgment, SM^ranote 1, paras. 45-48 (describing the conditions).

15 Prosecution v. Krajišnik & Plavšić, Case No. IT-00-39&40-PT, Factual Basis for Plea of Guilt, para. 16 (Sept. 30, 2002) [hereinafter Plavšić factual basis] (on file with author).

16 Plavšić factual basis, supra note 15, at para. 17; Plavšić sentencing judgment, supra note 1, paras. 14, 17. Plavšić once said that if Serbs lost half their population in the battle for a Greater Serbia, it would be worth it. Rubin, supra note 7.

17 Prosecutor v. Krajišnik & Plavšić, Case No. IT-00-39&40-PT, Amended Consolidated Indictment (Mar. 7,2002). The six counts of crimes against humanity consisted of one count of persecution, three counts of extermination and killing, and two counts of deportation and inhumane acts, all as crimes against humanity. Id.

18 Plavšić sentencing judgment, supra note 1, paras. 1, 5.

19 Prosecutor v. Plavšić, Case No. IT-00-39&40/ 1-S, Decision Granting Prosecution's Motion to Dismiss Counts 1, 2, 4, 5, 6, 7 and 8 of the Amended Consolidated Indictment (Dec. 20, 2002).

20 Prosecution v. Plavšić, Case No. IT-00-39&40/ 1-S, Prosecution's Brief on the Sentencing of Biljana Plavšić, para. 24 (Nov. 25, 2002) [hereinafter Prosecution's sentencing brief] (on file with author).

21 See Dec. 16 transcript, supra note 14, at 408 (In response to a question seeking the witness's “view of the potential contribution toward reconciliation of Mrs. Plavšić's acknowledgement of the crimes and acceptance of responsibility,” Mirsad Tokača described it as “an extremely courageous, brave, and important gesture [that] represents support to what is the ultimate aim of all of us[, namely, that] normal conditions of life should be resumed in Bosnia- Herzegovina, not only in Bosnia-Herzegovina but in the entire region as well.“), 450-53 (Teufika Ibrahimefendić responding to the prosecution's query as to “how the ability to talk about the events of the war could contribute to a greater understanding and tolerance and possibly reconciliation within Bosnia“), 458-59 (Elie Wiesel praising Plavšić as “the only accused to have freely and wholly assumed her role in the wrongdoings and crimes set out in the indictment, even though she once moved in the highest circles of power in her country”).

22 Id. at 376.

23 See Prosecutor v. Plavšić, Case No. IT-00-39&40/ 1-S, Transcript, at 520-22,562-66 (Dec. 17, 2002) [hereinafter Dec. 17 transcript].

24 Id. at 609-11.

25 Plavšić sentencing judgment, supra note 1, para. 86.

26 Dec. 17 transcript, supra note 23, at 559.

27 Id. at 578-79.

28 Id. at 579-80; Plavšić sentencing judgment, supra note 1, para. 86.

29 The witnesses described the efforts of hard-liners “in Pale to get rid of [Plavšić], because they judged that Dayton— full Dayton implementation was a threat to them.” Dec. 17 transcript, supra note 23, at 554—55.

30 Prosecution's sentencing brief, supra note 20, para. 43; Prosecutor v. Plavšić, Case No. IT-00-39&40/ 1-S, Transcript, at 638 (Dec. 18, 2002).

31 Prosecutor v. Plavšić, Case No. IT-00-39&40/1-S, Biljana Plavšić's Sentencing Brief, paras. 50-53, 59 (Nov. 25. 2002); Prosecutor v. Plavšić, Case No. IT-00-39&40/ 1-S, Transcript, at 651 (Dec. 18, 2002).

32 Plavšić sentencing judgment, supra note 1, para. 132; see also Serb War Criminal Sentenced to 11 Years in Prison, ASSOCIATED PRESS, Feb. 27, 2003 (reporting that Plavšić smiled slightly when she heard the prison term).

33 Plavšić sentencing judgment, supranote 1, paras. 57, 110.

34 Id., paras. 104-05.

35 Id., para. 110.

36 Id., para. 73.

37 Id.

38 Id., para. 74. Specifically, Plavšić stated: “To achieve any reconciliation or lasting peace in [Bosnia-Herzegovina], serious violations of humanitarian law during the war must be acknowledged by those who bear responsibility—regardless of their ethnic group. This acknowledgement is an essential first step.” Id. The trial chamber cited Alex Boraine's testimony that “full disclosure in confessions is vital for the reconciliatory process” and that “genuine and voluntary expressions of remorse often provide a degree of closure for victims.” Id., para. 77. The trial chamber also cited Mirsad Tokača's similar testimony, id., para. 78, and concluded that Plavšić's guilty plea “and her acknowledgement of responsibility, particularly in light of her former position as President of Republika Srpska, should promote reconciliation in Bosnia and Herzegovina and the region as a whole,” id., para. 80.

39 Id., para. 81.

40 Id., para. 94.

41 See MARTHA MINOW, BETWEEN VENGEANCE AND FORGIVENESS: FACING HISTORY AFTER GENOCIDE AND MASS VIOLENCE 61 (1998); PRISCILLA B. HAYNER, UNSPEAKABLE TRUTHS: FACING THE CHALLENGE OF TRUTH COMMISSIONS 30-31 (2002). Hayner reports, however, that victims who relive the brutal details of their experiences before truth commissions without being provided subsequent psychological support are in danger of experiencing symptoms of post-traumatic stress disorder. Id. at 141-44.

42 RUTI G. TEITEL, TRANSITIONAL JUSTICE 89-90 (2000).

43 See, e.g., José Zalaquett, Confronting Human Rights Violations Committed by Former Governments: Principles Applicable and Political Constraints, in 1 TRANSITIONAL JUSTICE: HOW EMERGING DEMOCRACIES RECKON WITH FORMER REGIMES 3, 6, 7 (Neil J. Kritz ed., 1995).

44 See Combs, supra note 1, at 151-52 (describing previous, unsatisfactory statements of remorse).

45 Dec. 17 transcript, supra note 23, at 610.

46 Press Statement of Biljana Plavšić (Oct. 2,2002), at <http://www.un.org/icty/pressreal/plav_stateinent.htm>.

47 Plavšić could, of course, have feared reprisals had she agreed to cooperate with the prosecution, but her assistance would have been so valuable that the prosecution undoubtedly would have undertaken unprecedented efforts to protect her safety. In addition, it is unlikely that Plavšić's refusal was motivated by fear since she was willing to place herself in extreme danger a few years earlier when seeking to implement the Dayton Agreement and to root out corruption in Republika Srpska.

48 Dec. 16 transcript, supra note 14, at 378.

49 SeeProsecutorv. Milan Simić, Case No. IT-95-9/2-T, Prosecutor's Brief on the Sentencing of Milan Simić, para. 50 (July 15,2002) (on file with author); Prosecutor v. Jelisić, Case No. IT-95-10-T, Transcript, at 3,077 (Nov.24,1997).

50 See Prosecutor v. Erdemović, Case No. IT-96-22-A, Sep. and Diss. Op., Cassese, J., para. 10 (Oct. 7, 1997); see also ICTY RULES OF PROCEDURE. AND EVIDENCE 62 ter (as amended Dec. 12, 2002) (governing guilty pleas; adopted in December 2001).

51 See MICHAEL P. SCHARF, BALKAN JUSTICE 67 (1997).

52 Todorović sentencing judgment, supra note 1, para. 11.

53 Prosecutor v. Todorović, Case No. IT-95-9/1, Transcript, at 55 (May 4, 2001).

54 Sikirica sentencing judgment, supra note 1, paras. 25, 31, 37 (describing plea agreements).

55 See, e.g., Todorović sentencing judgment, supra note 1, para. 80 (July 31, 2001) (stating that a guilty plea “should, in principle, give rise to a reduction in the sentence that the accused would otherwise have received“); Sikirica sentencing judgment, supra note 1, paras. 149-50.

56 The eighteen cases featured thirty-five defendants. Budget figures and other statistics are available at the ICTY's Web site, <http://www.un.org/icty>.

57 See, e.g., John E. Ackerman, Assignment of Defense Counsel at the ICTY, in ESSAYS ON ICTY PROCEDURE AND EVIDENCE IN HONOUR OF GABRIELLE KIRK MCDONALD 167, 170 (Richard May et al. eds., 2001) (“One of the major criticisms levelled at the Tribunal is the length of trials.“); Daryl A. Mundis, Improving the Operation and Functioning of the International Criminal Tribunals, 94 AJIL 759, 759 (2000) (describing the justified criticism of the Tribunals’ “inordinately long trials“).

58 See Nancy Amoury Combs, Establishing the International Criminal Court, 5 INT'L L. F. 77, 81 (2003) (citing, among other things, lack of state cooperation, complexity of crimes, and logistical difficulties).

59 See SC Res. 1503 (Aug. 29, 2003); The U.N. Criminal Tribunals for Yugoslavia and Rwanda: International Justice or Show of Justice? Hearing Before the Committee on International Relations, United States House of Representatives, 107th Cong. 20 (2002) (testimony of Pierre-Richard Prosper, ambassador-at-large for war crimes issues, U.S. Department of State) (“We have and are urging both Tribunals to begin to aggressively focus on the end-game and conclude their work by 2007-2008“); ICTYPress Release JDH/P.I.S./690-e (July 26, 2002) (address byjudge Claude Jorda, ICTY president, to the UN Security Council); see also Carla Del Ponte, Hiding in Plain Sight, N.Y. TIMES, June 28, 2003, atA15.

60 See Prosecutor v. Milošević, Case No. IT-02-54, Transcript, at 16,727 (Feb. 21, 2003) (prosecutor attempting to cross-examine his own witness, Dragan Vasilković, after Vasilković, under Milošević's cross-examination, changed his story and disavowed a written statement).

61 Ivan Simonović, The Role of the ICTY in the Development of International Criminal Adjudication, 23 FORDHAM INT'L L.J. 440,444-45 (1999) (noting that “Brazil and China expressed concern that the interpretation of Security Council powers had been overstretched” and that “Mexico presented an official report, challenging the Security Council's authority to act as it did“).

62 Prosecutor v. Milošević, Case No. IT-99-37-I, Transcript, at 2 (July 3, 2001) (Milošević stating that “I consider this Tribunal a false Tribunal and the indictment a false indictment“). The Trial Chamber eventually turned off Milošević's microphone when he continued in the same fashion. See id. at 5; see also Milošević Again Defies Tribunal, INT'L HERALD TRIB., Oct. 30, 2001, at 7 (“After four months in prison, former President Slobodan Milošević remained combative Monday, denouncing new war crimes charges by UN prosecutors and scorning three lawyers assigned to his defense.“).

63 See Serb Radical Denies War Crimes, BBC NEWS, Mar. 25,2003, at <http://news.bbc.co.Uk/l/hi/world/europe/2883951.stm> (describing Seselj 's refusal to enter a plea, refusal to stand when thejudges entered the courtroom, and promise to use court appearances to make political speeches).

64 See Milošević Supporters Demand His Release from UN Court, ASSOCIATED PRESS, June 28, 2003; Rod Nordland & Zoran Cirjakovic, Back to the Future: Farewell, Yugoslavia. Hello to New Nationalist Politics, NEWSWEEK, Feb. 17, 2003, at 39.

65 See Serbian Town Wakes Up to Graffiti Glorifying Former President Milošević, BBC MONITORING INTERNATIONAL REPORTS, June 27, 2003.

66 Rubin, supra note 1; Daniela Valenta, Plavšić Denounced as a Traitor, [INSTITUTE FOR WAR & PEACE REPORTING] TRIBUNAL UPDATE , No. 293, Dec. 9-14, 2002, at <http://www.iwpr.net>.

67 Daria Sito-Sucic, Muslim Victims Outraged, Say Plavšić Sentence Low, REUTERS, Feb. 27,2003; Amra Kebo, Regional Report: Plavšić Sentence Divides Bosnia, [INSTITUTE FOR WAR & PEACE REPORTING] TRIBUNAL UPDATE, No. 302, Feb. 24-28, 2003 (reporting the views of Sulejman Tihić, Bosniak member of the Bosnian Presidency and a detainee in Serb detention centers, who described Plavšić's plea as “'a highly moral act'” which helps establish the truth about the kind of war that took place“).

68 Kebo, supra note 67; Peter Shard, Ex-Bosnian Serb Leader Admits Guilt, AGENCE FRANCE-PRESS, Oct. 2, 2002, at <http://iafrica.com/news/worldnews/169826.htm>.

69 Mujesira Memisević, whose husband and children were killed during a Bosnian Serb ethnic cleansing campaign, described the sentence as “outrageously low” and stated, “I am speechless. I cannot talk at all. I am shivering. 1 am completely shaken.” Sito-Sucic, supra note 67. The president of Bosnia-Herzegovina's federal committee for the missing, Amor Masovic, observed that Plavšić “will spendjust two and a half minutes in prison for every one of her 200,000 Bosniak and Croat victims.” Kebo, supra note 67. Serbian politicians, by contrast, denounced the sentence as too harsh. See Sito-Sucic, supra note 67.

70 Dec. 16 transcript, supra note 14, at 371.

71 Patrick McLoughlin, Serb War Criminal Plavšić Goes to Swedish Jail, REUTERS, June 27, 2003.

72 Emir Suljagić, Truth at The Hague, N.Y. TIMES, June 1, 2003, §4, at 13.