Mechanism for International Criminal Tribunals

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Mechanism for International Criminal Tribunals
Mécanisme international appelé à exercer les fonctions résiduelles des Tribunaux pénaux (French)
Logo of the United Nations (B&W).svg
Seal of the Mechanism
Established22 December 2010
Location The Hague, Netherlands
Arusha, Tanzania
Composition methodSecurity Council nomination with General Assembly election
Authorized by UNSC Resolution 1966
Judge term length4 years
No. of positions25
Website http://www.irmct.org/
President
Currently Carmel Agius
Since19 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.

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 national authority.

United Nations Security Council one of the six principal organs of the UN, charged with the maintenance of international peace and security

The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN), charged with ensuring international peace and security, accepting new members to the United Nations and approving any changes to its charter. Its powers include the establishment of peacekeeping operations and international sanctions as well as the authorization of military actions through resolutions – it is the only body of the United Nations with the authority to issue binding resolutions to member states. The council held its first session on 17 January 1946.

International Criminal Tribunal for the former Yugoslavia UN ad hoc court located in The Hague, Netherlands

The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia (ICTY), was a body of the United Nations established to prosecute serious crimes committed during the Yugoslav Wars, and to try their perpetrators. The tribunal was an ad hoc court located in The Hague, Netherlands.

Contents

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.

Yugoslav Wars ethnic conflicts fought from 1991 to 2001 on the territory of former Yugoslavia

The Yugoslav Wars were a series of separate but related ethnic conflicts, wars of independence and insurgencies fought in the former Yugoslavia from 1991 to 2001, which led to the breakup of the Yugoslav state. Its constituent republics declared independence, despite unresolved tensions between ethnic minorities in the new countries, fueling the wars.

International Criminal Tribunal for Rwanda International court established by the United Nations Security Council in Resolution 955

The International Criminal Tribunal for Rwanda was an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan genocide and other serious violations of international law in Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.

Rwandan genocide 1994 genocide of Tutsis in Rwanda during April–July 1994

The Rwandan genocide, also known as the genocide against the Tutsi, was a mass slaughter of Tutsi in Rwanda during the Rwandan Civil War, directed by members of the Hutu majority government between 7 April and 15 July 1994.

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.

Arusha City in Arusha Region, Tanzania

Arusha is a city in north eastern Tanzania and the capital of the Arusha Region, with a population of 416,442 plus 323,198 in the surrounding Arusha District. Located below Mount Meru on the eastern edge of the eastern branch of the Great Rift Valley, Arusha has a temperate climate. The city is close to the Serengeti National Park, the Ngorongoro Conservation Area, Lake Manyara National Park, Olduvai Gorge, Tarangire National Park, Mount Kilimanjaro, and Arusha National Park on Mount Meru.

Tanzania country in Africa

Tanzania officially the United Republic of Tanzania, is a country in eastern Africa within the African Great Lakes region. It borders Uganda to the north; Kenya to the northeast; Comoro Islands at the Indian Ocean to the east; Mozambique and Malawi to the south; Zambia to the southwest; and Rwanda, Burundi, and the Democratic Republic of the Congo to the west. Mount Kilimanjaro, Africa's highest mountain, is in north-eastern Tanzania.

The Hague City and municipality in South Holland, Netherlands

The Hague is a city on the western coast of the Netherlands and the capital of the province of South Holland. It is also the seat of government of the Netherlands.

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.

Fulgence Kayishema is a Rwandan Hutu militiaman wanted for war crimes in relation to his role in the 1994 Rwandan Genocide. Born in Kivumu, he was the inspector of the judicial police there at the time of the genocide. His indictment cites his involvement in massacres from April 6, 1994 till April 20, along with Athanase Seromba, Grégoire Ndahimana, Télesphore Ndungutse, the judge Joseph Habiyambere and the assistant mayor Vedaste Mupende.

Charles Sikubwabo Rwandan war criminal

Charles Sikubwabo is a Rwandan fugitive war criminal wanted for his role in the 1994 Rwandan genocide. He served as mayor of Gishyita commune, Kibuye prefecture, from 1993 till July 1994. According to the indictment against him, Sikubwabo played an instrumental role in the murder of Tutsis in the Kibuye region during the genocide, including personally participating in killings. During this period, in contact with Clement Kayishema, Obed Ruzindana, and Aloys Ndimbati, amongst others, he facilitated the murders of Tutsis who sought refuge in the Bisesero hills. He is believed to be in the eastern Democratic Republic of Congo today.

Aloys Ndimbati Rwandan politician

Aloys Ndimbati 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 commune Gisovu, he was present at the scene of and participated in the killings of Tutsis across Kibuye.

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.

Ratko Mladić Commander of the Bosnian Serb military

Ratko Mladić is a Bosnian Serb convicted war criminal and former warlord who led the Army of Republika Srpska (VRS) as a general during the Yugoslav Wars. He was later found guilty of committing war crimes, crimes against humanity, and genocide by the International Criminal Tribunal for the former Yugoslavia (ICTY).

Goran Hadžić Croatian Serb politician

Goran Hadžić was President of the self-proclaimed Republic of Serbian Krajina, in office during the Croatian War of Independence. He was accused of crimes against humanity and of violation of the laws and customs of war by the International Criminal Tribunal for the former Yugoslavia.

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]

NameStateTerm beganTerm endedRef.
Theodor Meron Flag of the United States.svg  United States 1 March 201218 January 2019 [2]
Carmel Agius Flag of Malta.svg  Malta 19 January 2019In 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]

NameStateTerm beganTerm endedRef.
Hassan Jallow Flag of The Gambia.svg  Gambia, The 1 March 201229 February 2016 [4]
Serge Brammertz Flag of Belgium (civil).svg  Belgium 1 March 2016In office [5]

Registrar

The Registrar runs all of the Mechanism's administrative functions and is appointed by the Secretary-General. [1]

NameStateTerm beganTerm endedRef.
John Hocking Flag of Australia.svg  Australia 18 January 201231 December 2016 [4]
Olufemi Elias Flag of Nigeria.svg  Nigeria 1 January 2017In office [6]

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. [7] 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. [7]

NameStateTerm beganTerm endedRef(s).
Carmel Agius Flag of Malta.svg  Malta 1 July 2012In office [7]
Aydin Akay Flag of Turkey.svg  Turkey 1 July 201230 June 2018 [7] [8]
Jean-Claude Antonetti Flag of France.svg  France 1 July 2012In office [7]
Florence Rita Arrey Flag of Cameroon.svg  Cameroon 1 July 2012In office [7]
Yusuf Aksar Flag of Turkey.svg  Turkey 21 December 2018In office [7] [9]
Mustapha El Baaj Flag of Morocco.svg  Morocco 15 January 2019In office [7] [10]
Solomy Balungi Bossa Flag of Uganda.svg  Uganda 1 July 201211 March 2018 [7] [11]
José de Prada Flag of Spain.svg  Spain 1 July 2012In office [7]
Ben Emmerson Flag of the United Kingdom.svg  United Kingdom 1 July 2012In office [7]
Christoph Flügge Flag of Germany.svg  Germany 1 July 2012In office [7]
Graciela Gatti Santana Flag of Uruguay.svg  Uruguay 1 July 2012In office [7]
Burton Hall Flag of the Bahamas.svg  Bahamas, The 1 July 2012In office [7]
Elizabeth Ibanda-Nahamya Flag of Uganda.svg  Uganda 19 March 2018In office [11]
Vagn Joensen Flag of Denmark.svg  Denmark 1 July 2012In office [7]
Gberdao Kam Flag of Burkina Faso.svg  Burkina Faso 1 July 2012In office [7]
Liu Daqun Flag of the People's Republic of China.svg  China 1 July 2012In office [7]
Joseph Masanche Flag of Tanzania.svg  Tanzania 1 July 2012In office [7]
Theodor Meron Flag of the United States.svg  United States 1 July 2012In office [7]
Bakone Moloto Flag of South Africa.svg  South Africa 1 July 201230 June 2018 [7]
Lee Muthoga Flag of Kenya.svg  Kenya 1 July 2012In office [7]
Aminatta N'gum Flag of The Gambia.svg  Gambia, The 1 July 2012In office [7]
Prisca Nyambe Flag of Zambia.svg  Zambia 1 July 2012In office [7]
Alphons Orie Flag of the Netherlands.svg  Netherlands 1 July 2012In office [7]
Seon Ki Park Flag of South Korea.svg  Korea, South 1 July 2012In office [7]
Mparany Rajohnson Flag of Madagascar.svg  Madagascar 1 July 20122 October 2018 [7] [12]
Patrick Robinson Flag of Jamaica.svg  Jamaica 1 July 201217 November 2015 [7] [13]
Ivo Rosa Flag of Portugal.svg  Portugal 1 July 2012In office [7]
William Sekule Flag of Tanzania.svg  Tanzania 1 July 2012In office [7]
Seymour Panton Flag of Jamaica.svg  Jamaica 28 April 2016In office [7] [14]

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References

  1. 1 2 3 4 5 "Principals". MICT. Retrieved 2016-04-01.
  2. ↑ "President". MICT. Retrieved 2016-04-01.
  3. ↑ "President". MICT. Retrieved 2019-01-19.
  4. 1 2 "Former Principals". MICT. Retrieved 2016-04-01.
  5. ↑ "Prosecutor". MICT. Retrieved 2016-04-01.
  6. ↑ "United Nations Secretary-General appoints Mr. Olufemi Elias as Registrar of the Mechanism". MICT. 2016-11-29. Retrieved 2017-01-02.
  7. 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 29 30 "Judges". MICT. Retrieved 2019-01-08.
  8. ↑ "Statement of the President on the non-reappointment of Judge Akay". MICT. 2018-07-03. Retrieved 2018-07-04.
  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. 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.
  12. ↑ "Mechanism Judge Mparany Mamy Richard Rajohnson passes away". MICT. 2018-10-04. Retrieved 2018-10-05.
  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. ↑ "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.
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