International Residual Mechanism for Criminal Tribunals

The International Residual Mechanism for Criminal Tribunals (IRMCT or 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.

International Residual Mechanism for Criminal Tribunals
Mécanisme international appelé à exercer les fonctions résiduelles des Tribunaux pénaux (French)
Seal of the Mechanism
Established22 December 2010
LocationArusha, Tanzania
The Hague, Netherlands
Authorized byUNSC Resolution 1966
Websitehttp://www.irmct.org/
President
CurrentlyCarmel Agius
Since19 January 2019
Prosecutor
CurrentlySerge Brammertz
Since29 February 2016
Registrar
CurrentlyOlufemi Elias
Since1 January 2017

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 nine remaining fugitives still wanted for trial by the ICTR is a top priority for the Mechanism for International Criminal Tribunals. As of July 2012, nine 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 five fugitives: Fulgence Kayishema, Charles Sikubwabo, Aloys Ndimbati, Charles Ryandikayo, and Pheneas Munyarugarama. The Mechanism will retain jurisdiction over the following three accused: Augustin Bizimana, Félicien Kabuga, and Protais Mpiranya.

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]

Name State Term began Term ended Ref.
Theodor Meron  United States 1 March 2012 18 January 2019 [2]
Carmel Agius  Malta 19 January 2019 In office [3]

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]

Name State Term began Term ended Ref.
Hassan Jallow  Gambia, The 1 March 2012 29 February 2016 [2]
Serge Brammertz  Belgium 1 March 2016 In office [4]

Registrar

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

Name State Term began Term ended Ref.
John Hocking  Australia 18 January 2012 31 December 2016 [2]
Olufemi Elias  Nigeria 1 January 2017 In office [5]

Judges

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.[6] 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 will carry out their functions remotely. [6]

Name State Term began Term ended Ref(s).
Carmel Agius  Malta 1 July 2012 In office [6]
Theodor Meron  United States 1 July 2012 In office [6]
Jean-Claude Antonetti  France 1 July 2012 In office [6]
Joseph Masanche  Tanzania 1 July 2012 In office [6]
William H. Sekule  Tanzania 1 July 2012 In office [6]
Lee G. Muthoga  Kenya 1 July 2012 In office [6]
Alphons M.M. Orie  Netherlands 1 July 2012 In office [6]
Burton Hall  Bahamas, The 1 July 2012 In office [6]
Florence Rita Arrey  Cameroon 1 July 2012 In office [6]
Vagn Joensen  Denmark 1 July 2012 In office [6]
Liu Daqun  China 1 July 2012 In office [6]
Prisca Matimba Nyambe  Zambia 1 July 2012 In office [6]
Aminatta Lois Runeni N'gum  Gambia, The 1 July 2012 In office [6]
Seon Ki Park  Korea, South 1 July 2012 In office [6]
José R. de Prada Solaesa  Spain 1 July 2012 In office [6]
Gberdao Gustave Kam  Burkina Faso 1 July 2012 In office [6]
Graciela S. Gatti Santana  Uruguay 1 July 2012 In office [6]
Ivo Nelson de Caires Batista Rosa  Portugal 1 July 2012 In office [6]
Seymour Panton  Jamaica 28 April 2016 In office [6][7]
Elizabeth Ibanda-Nahamya  Uganda 19 March 2018 In office [8]
Yusuf Aksar  Turkey 21 December 2018 In office [6][9]
Mustapha El Baaj  Morocco 15 January 2019 In office [6][10]
Mahandrisoa Edmond Randrianirina  Madagascar 29 January 2019 In office [6][11]
Claudia Hoefer  Germany 21 February 2019 In office [6][12]
Patrick Lipton Robinson  Jamaica 1 July 2012 17 November 2015 [6][13]
Bakone Justice Moloto  South Africa 1 July 2012 30 June 2018 [6]
Mparany Mamy Richard Rajohnson  Madagascar 1 July 2012 2 October 2018 [6][14]
Aydin Sefa Akay  Turkey 1 July 2012 30 June 2018 [6][15]
Solomy Balungi Bossa  Uganda 1 July 2012 11 March 2018 [6][8]
Christoph Flügge  Germany 1 July 2012 7 January 2019 [6][12]
Ben Emmerson  United Kingdom 1 July 2012 19 July 2019 [6]

References

  1. "Principals". MICT. Retrieved 2016-04-01.
  2. "Former Principals". MICT. Retrieved 2019-01-24.
  3. "President". MICT. Retrieved 2019-01-19.
  4. "Prosecutor". MICT. Retrieved 2016-04-01.
  5. "United Nations Secretary-General appoints Mr. Olufemi Elias as Registrar of the Mechanism". MICT. 2016-11-29. Retrieved 2017-01-02.
  6. "Judges". MICT. Retrieved 2019-01-08.
  7. "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.
  8. "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.
  9. "General Assembly elects Judge Yusuf Aksar of Turkey to serve as Mechanism Judge". MICT. 2019-01-07. Retrieved 2019-01-08.
  10. "General Assembly elects Judge Mustapha El Baaj of Morocco to serve as Mechanism Judge". MICT. 2019-01-16. Retrieved 2019-01-18.
  11. "Secretary-General appoints Judge Mahandrisoa Edmond Randrianirina of Madagascar to serve as Mechanism Judge". MICT. 2019-02-01. Retrieved 2019-02-02.
  12. "Secretary-General appoints Judge Claudia Hoefer of Germany to serve as Mechanism Judge". MICT. 2019-02-22. Retrieved 2019-02-23.
  13. "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.
  14. "Mechanism Judge Mparany Mamy Richard Rajohnson passes away". MICT. 2018-10-04. Retrieved 2018-10-05.
  15. "Statement of the President on the non-reappointment of Judge Akay". MICT. 2018-07-03. Retrieved 2018-07-04.
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