Mechanism for International Criminal Tribunals
Mechanism for International Criminal Tribunals | |
---|---|
Mécanisme international appelé à exercer les fonctions résiduelles des Tribunaux pénaux (French) | |
Seal of the Mechanism | |
Established | 22 December 2010 |
Location |
The Hague, Netherlands Arusha, Tanzania |
Composition method | Security Council nomination with General Assembly election |
Authorized by | UNSC Resolution 1966 |
Judge term length | 4 years |
No. of positions | 25 |
Website | http://www.irmct.org/ |
President | |
Currently | Theodor Meron |
Since | 1 March 2012 |
Lead position ends | 18 January 2019 |
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.
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 - will be 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 with the consultation of the President of the Security Council and the judges of the Mechanism.[1]
Name | State | Term began | Term ended | Ref. |
---|---|---|---|---|
Theodor Meron | 1 March 2012 | In office | [2] |
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 | 1 March 2012 | 29 February 2016 | [3] | |
Serge Brammertz | 1 March 2016 | In office | [4] |
Registrar
The Registrar runs all of the Mechanism's administrative functions and is appointed by the Secretary-General.[1]
Name | State | Term began | Term ended | Ref. |
---|---|---|---|---|
John Hocking | 18 January 2012 | 31 December 2016 | [3] | |
Olufemi Elias | 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.[6]
Name | State | Term began | Term ended | Ref(s). |
---|---|---|---|---|
Carmel Agius | 1 July 2012 | In office | [6] | |
Aydin Akay | 1 July 2012 | 30 June 2018 | [6][7] | |
Jean-Claude Antonetti | 1 July 2012 | In office | [6] | |
Florence Rita Arrey | 1 July 2012 | In office | [6] | |
Solomy Balungi Bossa | 1 July 2012 | 11 March 2018 | [6][8] | |
José de Prada | 1 July 2012 | In office | [6] | |
Ben Emmerson | 1 July 2012 | In office | [6] | |
Christoph Flügge | 1 July 2012 | In office | [6] | |
Graciela Gatti Santana | 1 July 2012 | In office | [6] | |
Burton Hall | 1 July 2012 | In office | [6] | |
Elizabeth Ibanda-Nahamya | 19 March 2018 | In office | [8] | |
Vagn Joensen | 1 July 2012 | In office | [6] | |
Gberdao Kam | 1 July 2012 | In office | [6] | |
Liu Daqun | 1 July 2012 | In office | [6] | |
Joseph Masanche | 1 July 2012 | In office | [6] | |
Theodor Meron | 1 July 2012 | In office | [6] | |
Bakone Moloto | 1 July 2012 | In office | [6] | |
Lee Muthoga | 1 July 2012 | In office | [6] | |
Aminatta N'gum | 1 July 2012 | In office | [6] | |
Prisca Nyambe | 1 July 2012 | In office | [6] | |
Alphons Orie | 1 July 2012 | In office | [6] | |
Seon Ki Park | 1 July 2012 | In office | [6] | |
Mparany Rajohnson | 1 July 2012 | 2 October 2018 | [6][9] | |
Patrick Robinson | 1 July 2012 | 17 November 2015 | [6][10] | |
Ivo Rosa | 1 July 2012 | In office | [6] | |
William Sekule | 1 July 2012 | In office | [6] | |
Seymour Panton | 28 April 2016 | In office | [6][11] |
References
- 1 2 3 4 5 "Principals". MICT. Retrieved 2016-04-01.
- ↑ "President". MICT. Retrieved 2016-04-01.
- 1 2 "Former Principals". MICT. Retrieved 2016-04-01.
- ↑ "Prosecutor". MICT. Retrieved 2016-04-01.
- ↑ "United Nations Secretary-General appoints Mr. Olufemi Elias as Registrar of the Mechanism". MICT. 2016-11-29. Retrieved 2017-01-02.
- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "Judges". MICT. Retrieved 2016-04-01.
- ↑ "Statement of the President on the non-reappointment of Judge Akay". MICT. 2018-07-03. Retrieved 2018-07-04.
- 1 2 "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.
- ↑ "Mechanism Judge Mparany Mamy Richard Rajohnson passes away". MICT. 2018-10-04. Retrieved 2018-10-05.
- ↑ "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.
- ↑ "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.