International_Residual_Mechanism_for_Criminal_Tribunals

International Residual Mechanism for Criminal Tribunals

International Residual Mechanism for Criminal Tribunals

International criminal court

The International Residual Mechanism for Criminal Tribunals (IRMCT),[lower-alpha 1] also known as the Mechanism, is an international court established by the United Nations Security Council in 2010 to perform the remaining functions of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) following the completion of those tribunals' respective mandates.

Quick Facts Established, Location ...
International Residual Mechanism for Criminal Tribunals building in Arusha, Tanzania

Background

In the early 1990s, the United Nations Security Council established two criminal courts whose purpose was to investigate and prosecute individuals responsible for war crimes, crimes against humanity, and genocide. The first of these courts was the International Criminal Tribunal for the former Yugoslavia (ICTY), which was established in 1993 to investigate crimes committed during the Yugoslav Wars. The second court, the International Criminal Tribunal for Rwanda (ICTR), was established the following year to address crimes committed during the Rwandan genocide. Both the ICTY and the ICTR were meant to be temporary institutions that would conclude after their mandate to investigate crimes and prosecute individuals was completed. Although both tribunals have completed substantially all of their mandates, there are residual functions that will not be accomplished for many more years. For example, future trials may be held once remaining ICTR fugitives are captured, convicted persons may still petition for early release, protective orders for witnesses may need to be modified, and the archives that contain confidential documents need to be safeguarded. In order to oversee the residual functions of the ICTY and ICTR in an efficient manner, the Security Council passed Resolution 1966 on 22 December 2010, which created the Mechanism.

Mandate

In Resolution 1966, the Security Council decided that "the Mechanism shall continue the jurisdiction, rights and obligations and essential functions of the ICTY and the ICTR." The Security Council further envisioned that the Mechanism would be "a small, temporary and efficient structure, whose functions and size will diminish over time, with a small number of staff commensurate with its reduced functions." The Mechanism will continue to operate until the Security Council decides otherwise, however it will be subject to a two-year review beginning in 2016.

The Mechanism comprises two branches. One branch covers functions inherited from the ICTR and is located in Arusha, Tanzania. It commenced functioning on 1 July 2012. The other branch is located in The Hague, Netherlands and began operating on 1 July 2013. During the initial period of the Mechanism's work, there was a temporal overlap with the ICTR and the ICTY as these institutions complete outstanding work on any trial or appeal proceedings which are pending as of the commencement dates of the respective branches of the Mechanism.

Fugitives

The tracking, arrest and prosecution of the two remaining fugitives still wanted for trial by the ICTR is a top priority for the Mechanism for International Criminal Tribunals. As of November 2023, two accused indicted by the ICTR for their participation in the genocide in Rwanda in 1994 remain at large.

Under Article 6(3) of its Statute, the Mechanism shall only retain jurisdiction over those individuals considered to be the most responsible for committing the gravest crimes. In accordance with this Article, the ICTR Prosecutor requested referrals to Rwanda in the cases of two fugitives: Charles Sikubwabo and Charles Ryandikayo.

With the arrest and transfer in 2011 of the last two fugitives for the ICTY, Ratko Mladić and Goran Hadžić, what was originally envisaged as a function of the Mechanism – trial of the ICTY’s remaining fugitives - was completed by the ICTY.

Principals

The Principals of the Mechanism are the three persons who head the three separate organs of the Mechanism.[1] All principals are appointed to renewable four-year terms.[1]

President

The President is head and the most senior judge of the Chambers, the judicial division of the Mechanism. The President is appointed by the Secretary-General following consultations with the President of the Security Council and the judges of the Mechanism.[1]

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Prosecutor

The Prosecutor leads the investigation and prosecution of cases before the Mechanism and is nominated by the Secretary-General and appointed by the Security Council.[1]

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Registrar

The Registrar, appointed by the Secretary-General, leads the Registry, which provides administrative, legal, policy and diplomatic support to Mechanism operations.[1]

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Judges

Judges of the IRMCT (2019)

The judges of the Mechanism are elected by the General Assembly from a roster prepared by the Security Council following nominations from member states of the United Nations.[8] Judges serve for a term of four years and can be reappointed by the Secretary-General with the consultation of the Presidents of the Security Council and of the General Assembly. The Judges are present at the Mechanism only when necessary and at the request of the President. As much as possible, the Judges carry out their functions remotely.[8]

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See also

Notes

  1. In other languages:
    • French: Mécanisme international appelé à exercer les fonctions résiduelles des Tribunaux pénaux
    • Serbo-Croatian: Međunarodni rezidualni mehanizam za krivične sudove
    • Kinyarwanda: Urwego Mpuzamahanga Rwashyiriweho Gukora Imirimo y'Insigarira y'Inkiko Mpanabyaha

References

  1. [1]
    "Principals". IRMCT. Retrieved 2016-04-01.
  2. [2]
    "Former Principals". IRMCT. Retrieved 2019-01-24.
  3. [3]
    "President". IRMCT. Retrieved 2019-01-19.
  4. [4]
    "President". IRMCT. Retrieved 2022-06-27.
  5. [5]
    "Prosecutor". IRMCT. Retrieved 2016-04-01.
  6. [6]
    "United Nations Secretary-General appoints Mr. Olufemi Elias as Registrar of the Mechanism". IRMCT. 2016-11-29. Retrieved 2017-01-02.
  7. [7]
    "UN Secretary-General appoints Mr. Abubacarr Marie Tambadou as Registrar of the Mechanism". IRMCT. 2020-07-02. Retrieved 2020-07-03.
  8. [8]
    "Judges". IRMCT. Retrieved 2021-12-24.
  9. [9]
    "Statement of the President on the non-reappointment of Judge Akay". IRMCT. 2018-07-03. Archived from the original on 2018-07-04. Retrieved 2018-07-04.
  10. [10]
    "General Assembly elects Judge Yusuf Aksar of Turkey to serve as Mechanism Judge". IRMCT. 2019-01-07. Retrieved 2019-01-08.
  11. [11]
    "Mechanism welcomes new Judge to its judicial roster". IRMCT. 2024-02-21. Retrieved 2024-02-22.
  12. [12]
    "General Assembly elects Judge Mustapha El Baaj of Morocco to serve as Mechanism Judge". IRMCT. 2019-01-16. Retrieved 2019-01-18.
  13. [13]
    "Secretary-General appoints Judge Iain Bonomy of the United Kingdom of Great Britain and Northern Ireland to serve as Mechanism Judge". IRMCT. 2020-02-11. Archived from the original on 2020-09-22. Retrieved 2020-02-12.
  14. [14]
    "S/2018/255: Letter dated 19 March 2018 from the Secretary-General addressed to the President of the Security Council". UN. 2018-03-23. Retrieved 2018-03-29.
  15. [15]
    "Secretary-General appoints Judge Margaret Anne McAuliffe deGuzman of United States of America to serve as Mechanism Judge". IRMCT. 2021-12-23. Retrieved 2021-12-24.
  16. [16]
    "Secretary-General appoints Judge Claudia Hoefer of Germany to serve as Mechanism Judge". IRMCT. 2019-02-22. Retrieved 2019-02-23.
  17. [17]
    "Mechanism Mourns the Loss of Judge Elizabeth Ibanda-Nahamya". IRMCT. 2022-01-06. Retrieved 2022-01-08.
  18. [18]
    "Mechanism Mourns the Loss of Judge Gberdao Gustave Kam". IRMCT. 2021-02-18. Retrieved 2021-02-19.
  19. [19]
    "Judge Theodor Meron steps down from Judicial Roster of the International Residual Mechanism for Criminal Tribunals". IRMCT. 2021-11-05. Retrieved 2021-12-24.
  20. [20]
    "S/2023/386: Letter dated 26 May 2023 from the Secretary-General addressed to the President of the Security Council" (PDF). UN. 2023-05-30. Retrieved 2023-06-10.
  21. [21]
    "S/2016/409: Letter dated 28 April 2016 from the Secretary-General addressed to the President of the Security Council". UN. 2016-05-03. Retrieved 2018-03-29.
  22. [22]
    "Mechanism Judge Mparany Mamy Richard Rajohnson passes away". IRMCT. 2018-10-04. Retrieved 2018-10-05.
  23. [23]
    "Secretary-General appoints Judge Mahandrisoa Edmond Randrianirina of Madagascar to serve as Mechanism Judge". IRMCT. 2019-02-01. Retrieved 2019-02-02.
  24. [24]
    "S/2016/376: Letter dated 20 April 2016 from the Secretary-General addressed to the President of the Security Council". UN. 2016-04-25. Retrieved 2018-03-29.
  25. [25]
    "Secretary-General appoints Judge Fatimata Sanou Touré of Burkina Faso to serve as Mechanism Judge". IRMCT. 2021-08-13. Retrieved 2021-08-15.
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