The Disappearing Trial 142.  As trial waiver practice develops in international criminal courts and tribunals, it may provide examples of approaches to trial waivers that combine useful elements from national jurisdictions around the world, as well as contributing to the corpus of law which might form the basis of a normative framework for regulating trial waivers. Trial waivers in international tribunals present unique challenges in terms of human rights protection, particularly in relation to addressing the interests of justice and establishing and preserving an accurate historical record of mass atrocities.157 The broad public interest in retribution following mass murder, genocide, or similar atrocities means that reductions in sentence following admissions of guilt are not always accepted by victims and other stakeholders.158 Charge incentives and fact incentives can distort the historical record and downplay the involvement of certain actors.159 The experience of international criminal courts in administering trial waivers may be a useful example in particular for other highly visible prosecutions with strong public interest, such as public corruption cases. 157. Rauxloh, “Plea bargaining in national and international law”, supra at n. 67, pp. 16–18. See also Clark, J. N., “Plea Bargaining at the ICTY: Guilty Pleas and Reconciliation”, The European Journal of International Law, Vol. 20, No. 2 (2009) (citing Forsberg, T., “The Philosophy and Practice of Dealing with the Past: Some Conceptual and Normative Issues”, from Biggar, N., ed., Burying the Past: Making Peace and Doing Justice after Civil Conflict (2003), p. 73). 158. Rauxloh, R. E., “Negotiated History: The Historical Record in International Criminal Law and Plea Bargaining”, International Criminal Law Review, Vol. 10, No. 5 (2010), pp. 12–14. See also Nicol, “Plea bargaining in international criminal courts”, supra at n. 147, pp. 66–67. 159. See Nicol, “Plea bargaining in international criminal courts”, supra at n. 147, pp. 66–67. 69.