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International Residual Mechanism for Criminal Tribunals

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The International Residual Mechanism for Criminal Tribunals (IRMCT) or the MICT in Kinyarwanda,[a][1] also known simply 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. It is based in both Arusha, Tanzania and The Hague, Netherlands.

International Residual Mechanism for Criminal Tribunals
French: Mécanisme international appelé à exercer les fonctions résiduelles des Tribunaux pénaux
Seal of the Mechanism
Established22 December 2010
LocationArusha, Tanzania
The Hague, Netherlands
Authorised byUNSC Resolution 1966
Websitewww.irmct.org Edit this at Wikidata
President
CurrentlyGraciela S. Gatti Santana
Since1 July 2022
Prosecutor
CurrentlySerge Brammertz
Since29 February 2016
Registrar
CurrentlyAbubacarr Marie Tambadou
Since1 July 2020
International Residual Mechanism for Criminal Tribunals building in Arusha, Tanzania

Background

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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

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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

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The tracking, arrest and prosecution of the remaining fugitives still wanted for trial by the ICTR was a top priority for the Mechanism for International Criminal Tribunals, and was carried out by the OTP Fugitive Tracking Team

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.

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 the last two fugitives: Charles Sikubwabo and Charles Ryandikayo, later declared dead on May 15, 2024. With these deaths, the IRMCT announced that all ICTR fugitives had been successfully accounted for.

Over 1000 Génocidaire fugitives are sought by national authorities and the IRMCT continues to assist in the tracking of these fugitives. [2]

Principals

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The Principals of the Mechanism are the three persons who head the three separate organs of the Mechanism.[3] All principals are appointed to renewable four-year terms.[3]

President

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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.[3]

Name State Term began Term ended Ref.
Theodor Meron   United States 1 March 2012 18 January 2019 [4]
Carmel Agius   Malta 19 January 2019 30 June 2022 [5]
Graciela S. Gatti Santana   Uruguay 1 July 2022 In office [6]

Prosecutor

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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.[3]

Name State Term began Term ended Ref.
Hassan Jallow   Gambia, The 1 March 2012 29 February 2016 [4]
Serge Brammertz   Belgium 1 March 2016 In office [7]

Registrar

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The Registrar, appointed by the Secretary-General, leads the Registry, which provides administrative, legal, policy and diplomatic support to Mechanism operations.[3]

Name State Term began Term ended Ref.
John Hocking   Australia 18 January 2012 31 December 2016 [4]
Olufemi Elias   Nigeria 1 January 2017 30 June 2020 [8]
Abubacarr Marie Tambadou   Gambia, The 1 July 2020 In office [9]

Judges

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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.[10] 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.[10]

Name State Term began Term ended Ref(s).
Carmel Agius   Malta 1 July 2012 In office [10]
Aydin Sefa Akay   Turkey 1 July 2012 30 June 2018 [10][11]
Yusuf Aksar   Turkey 21 December 2018 In office [10][12]
René José Andriatianarivelo   Madagascar 20 February 2024 In office [10][13]
Jean-Claude Antonetti   France 1 July 2012 In office [10]
Florence Rita Arrey   Cameroon 1 July 2012 In office [10]
Mustapha El Baaj   Morocco 15 January 2019 In office [10][14]
Iain Bonomy   United Kingdom 6 February 2020 In office [10][15]
Solomy Balungi Bossa   Uganda 1 July 2012 11 March 2018 [10][16]
Margaret M. deGuzman   United States 22 December 2021 In office [10][17]
José R. de Prada Solaesa   Spain 1 July 2012 In office [10]
Ben Emmerson   United Kingdom 1 July 2012 19 July 2019 [10][15]
Christoph Flügge   Germany 1 July 2012 7 January 2019 [10][18]
Graciela Gatti Santana   Uruguay 1 July 2012 In office [10]
Burton Hall   Bahamas, The 1 July 2012 In office [10]
Claudia Hoefer   Germany 21 February 2019 In office [10][18]
Elizabeth Ibanda-Nahamya   Uganda 19 March 2018 5 January 2023 [16][19]
Vagn Joensen   Denmark 1 July 2012 In office [10]
Gberdao Gustave Kam   Burkina Faso 1 July 2012 17 February 2021 [10][20]
Liu Daqun   China 1 July 2012 In office [10]
Joseph Masanche   Tanzania 1 July 2012 In office [10]
Theodor Meron   United States 1 July 2012 17 November 2021 [10][21]
Bakone Justice Moloto   South Africa 1 July 2012 30 June 2018 [10]
Lydia N. Mugambe Ssali   Uganda 30 May 2023 In office [22]
Lee G. Muthoga   Kenya 1 July 2012 In office [10]
Aminatta Lois Runeni N'gum   Gambia, The 1 July 2012 In office [10]
Prisca Matimba Nyambe   Zambia 1 July 2012 In office [10]
Alphons M.M. Orie   Netherlands 1 July 2012 In office [10]
Seymour Panton   Jamaica 28 April 2016 In office [10][23]
Seon Ki Park   Korea, South 1 July 2012 In office [10]
Mparany Mamy Richard Rajohnson   Madagascar 1 July 2012 2 October 2018 [10][24]
Mahandrisoa Edmond Randrianirina   Madagascar 29 January 2019 4 October 2023 [10][25][13]
Patrick Lipton Robinson   Jamaica 1 July 2012 17 November 2015 [10][26]
Ivo Nelson de Caires Batista Rosa   Portugal 1 July 2012 In office [10]
Fatimata Sanou Touré   Burkina Faso 12 August 2021 In office [10][27]
William H. Sekule   Tanzania 1 July 2012 In office [10]

See also

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Notes

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  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

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  1. ^ United Nations, Security Council (2010-12-22). "S/RES/1966 ICYEMEZO 1966 (2010)" (PDF). IRMCT. Retrieved 2024-05-19.
  2. ^ "IRMCT Prosecutor announces all ICTR Fugitives successfully accounted for". IRMCT. Retrieved 19 May 2024.
  3. ^ a b c d e "Principals". IRMCT. Retrieved 2016-04-01.
  4. ^ a b c "Former Principals". IRMCT. Retrieved 2019-01-24.
  5. ^ "President". IRMCT. Retrieved 2019-01-19.
  6. ^ "President". IRMCT. Retrieved 2022-06-27.
  7. ^ "Prosecutor". IRMCT. Retrieved 2016-04-01.
  8. ^ "United Nations Secretary-General appoints Mr. Olufemi Elias as Registrar of the Mechanism". IRMCT. 2016-11-29. Retrieved 2017-01-02.
  9. ^ "UN Secretary-General appoints Mr. Abubacarr Marie Tambadou as Registrar of the Mechanism". IRMCT. 2020-07-02. Retrieved 2020-07-03.
  10. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj "Judges". IRMCT. Retrieved 2021-12-24.
  11. ^ "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.
  12. ^ "General Assembly elects Judge Yusuf Aksar of Turkey to serve as Mechanism Judge". IRMCT. 2019-01-07. Retrieved 2019-01-08.
  13. ^ a b "Mechanism welcomes new Judge to its judicial roster". IRMCT. 2024-02-21. Retrieved 2024-02-22.
  14. ^ "General Assembly elects Judge Mustapha El Baaj of Morocco to serve as Mechanism Judge". IRMCT. 2019-01-16. Retrieved 2019-01-18.
  15. ^ a b "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.
  16. ^ a b "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.
  17. ^ "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.
  18. ^ a b "Secretary-General appoints Judge Claudia Hoefer of Germany to serve as Mechanism Judge". IRMCT. 2019-02-22. Retrieved 2019-02-23.
  19. ^ "Mechanism Mourns the Loss of Judge Elizabeth Ibanda-Nahamya". IRMCT. 2022-01-06. Retrieved 2022-01-08.
  20. ^ "Mechanism Mourns the Loss of Judge Gberdao Gustave Kam". IRMCT. 2021-02-18. Retrieved 2021-02-19.
  21. ^ "Judge Theodor Meron steps down from Judicial Roster of the International Residual Mechanism for Criminal Tribunals". IRMCT. 2021-11-05. Retrieved 2021-12-24.
  22. ^ "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.
  23. ^ "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.
  24. ^ "Mechanism Judge Mparany Mamy Richard Rajohnson passes away". IRMCT. 2018-10-04. Retrieved 2018-10-05.
  25. ^ "Secretary-General appoints Judge Mahandrisoa Edmond Randrianirina of Madagascar to serve as Mechanism Judge". IRMCT. 2019-02-01. Retrieved 2019-02-02.
  26. ^ "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.
  27. ^ "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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