The International Residual Mechanism for Criminal Tribunals, also referred to as the IRMCT or the Mechanism, is an
international court
International courts are formed by treaties between nations or under the authority of an international organization such as the United Nations and include ''ad hoc'' tribunals and permanent institutions but exclude any courts arising purely under n ...
established by the
United Nations Security Council
The United Nations Security Council (UNSC) is one of the Organs of the United Nations, six principal organs of the United Nations (UN) and is charged with ensuring international security, international peace and security, recommending the admi ...
in 2010 to perform the remaining functions of the
International Criminal Tribunal for the former Yugoslavia
The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal ...
(ICTY) and the
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda (ICTR; french: Tribunal pénal international pour le Rwanda; rw, Urukiko Mpanabyaha Mpuzamahanga Rwashyiriweho u Rwanda) was an international court established in November 1994 by the United Nation ...
(ICTR) following the completion of those tribunals' respective mandates.
Background
In the early 1990s, the
United Nations Security Council
The United Nations Security Council (UNSC) is one of the Organs of the United Nations, six principal organs of the United Nations (UN) and is charged with ensuring international security, international peace and security, recommending the admi ...
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
The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal ...
(ICTY), which was established in 1993 to investigate crimes committed during the
Yugoslav Wars
The Yugoslav Wars were a series of separate but related#Naimark, Naimark (2003), p. xvii. ethnic conflicts, wars of independence, and Insurgency, insurgencies that took place in the Socialist Federal Republic of Yugoslavia, SFR Yugoslavia from ...
. The second court, the
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda (ICTR; french: Tribunal pénal international pour le Rwanda; rw, Urukiko Mpanabyaha Mpuzamahanga Rwashyiriweho u Rwanda) was an international court established in November 1994 by the United Nation ...
(ICTR), was established the following year to address crimes committed during the
Rwandan genocide
The Rwandan genocide occurred between 7 April and 15 July 1994 during the Rwandan Civil War. During this period of around 100 days, members of the Tutsi minority ethnic group, as well as some moderate Hutu and Twa, were killed by armed Hutu ...
. 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
Arusha City is a Tanzanian city and the regional capital of the Arusha Region, with a population of 416,442 plus 323,198 in the surrounding Arusha District Council (2012 census).
Located below Mount Meru on the eastern edge of the eastern bran ...
,
Tanzania
Tanzania (; ), officially the United Republic of Tanzania ( sw, Jamhuri ya Muungano wa Tanzania), is a country in East Africa within the African Great Lakes region. It borders Uganda to the north; Kenya to the northeast; Comoro Islands and ...
. It commenced functioning on 1 July 2012. The other branch is located in
The Hague
The Hague ( ; nl, Den Haag or ) is a city and municipality of the Netherlands, situated on the west coast facing the North Sea. The Hague is the country's administrative centre and its seat of government, and while the official capital of ...
,
Netherlands
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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 four remaining
fugitives
A fugitive (or runaway) is a person who is fleeing from custody, whether it be from jail, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals. A fugitive from justice, also kno ...
still wanted for trial by the ICTR is a top priority for the Mechanism for International Criminal Tribunals. As of May 2022, four 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 four fugitives:
Fulgence Kayishema,
Charles Sikubwabo
Charles Sikubwabo is a Rwandan fugitive war criminal wanted for his role in the 1994 Rwandan genocide. He was indicted following by the Unite Nations' International Criminal Tribunal for Rwanda for genocide, crimes against humanity, and other vi ...
,
Aloys Ndimbati
Aloys Ndimbati (born in the early 1950s) is a Rwandan fugitive war criminal, wanted in connection with his alleged role in the 1994 Rwandan genocide. According to his warrant, as mayor of the Kibuye, Rwanda, Kibuye commune Gisovu, he was present ...
,
Charles Ryandikayo.
With the arrest and transfer in 2011 of the last two fugitives for the ICTY,
Ratko Mladić
Ratko Mladić ( sr-Cyrl, Ратко Младић, ; born 12 March 1942) is a Bosnian Serb convicted war criminal and colonel-general who led the Army of Republika Srpska (VRS) during the Yugoslav Wars. In 2017, he was found guilty of committing ...
and
Goran Hadžić
Goran Hadžić ( sr-cyrl, Горан Хаџић, ; 7 September 1958 – 12 July 2016) was a war criminal and a nationalist politician of the self-proclaimed Republic of Serbian Krajina, in office during the Croatian War of Independence. He was ...
, 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.
All principals are appointed to renewable four-year terms.
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.
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.
Registrar
The Registrar, appointed by the Secretary-General, leads the Registry, which provides administrative, legal, policy and diplomatic support to Mechanism operations.
Judges
![Judges of the UN International Residual Mechanism for Criminal Tribunals](https://upload.wikimedia.org/wikipedia/commons/a/a8/Judges_of_the_UN_International_Residual_Mechanism_for_Criminal_Tribunals.jpg)
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.
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.
References
External links
United Nations International Residual Mechanism for Criminal Tribunals
{{Authority control
International courts and tribunals
Organisations based in The Hague
Organizations established in 2010
United Nations Security Council mandates