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International Residual Mechanism for Criminal Tribunals

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Mechanism for International Criminal Tribunals
Mécanisme pour les Tribunaux pénaux internationaux (French)
Seal of the Mechanism
Established22 December 2010
LocationThe Hague, Netherlands
Arusha, Tanzania
Composition methodLegislative selection
Authorised byUNSC Resolution 1966
Judge term length4 years
Number of positions25
Websitehttp://www.unmict.org/
President
CurrentlyTheodor Meron
Since1 March 2012
Lead position ends29 February 2020

The Mechanism for International Criminal Tribunals (MICT), officially the International Residual Mechanism for Criminal Tribunals, 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 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 MICT 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 will be located in The Hague and will take on functions derived from the ICTY on 1 July 2013. During the initial period of the Mechanism’s work, there will be 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 MICT.

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 six fugitives: Fulgence Kayishema, Charles Sikubwabo, Ladislas Ntaganzwa, 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 MICT – trial of the ICTY’s remaining fugitives - will be completed by the ICTY.

Principals

The "principals" of the Mechanism are the 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 of the Mechanism and the most senior judge of the Chambers, the judicial division of the Mechanism, and 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  United States 1 March 2012 29 February 2020 [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  Gambia, The 1 March 2012 29 February 2016 [3]
Serge Brammertz  Belgium 1 March 2016 29 February 2020 [4]

Registrar

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

Name State Term began Term ended Ref.
John Hocking  Australia 18 January 2012 29 February 2020 [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.
Carmel Agius  Malta 20 December 2011 19 December 2019 [6]
Aydin Akay  Turkey 20 December 2011 19 December 2019 [6]
Jean-Claude Antonetti  France 20 December 2011 19 December 2019 [6]
Florence Arrey  Cameroon 20 December 2011 19 December 2019 [6]
Solomy Bossa  Uganda 20 December 2011 19 December 2019 [6]
José de Prada  Spain 20 December 2011 19 December 2019 [6]
Ben Emmerson  United Kingdom 20 December 2011 19 December 2019 [6]
Christoph Flügge  Germany 20 December 2011 19 December 2019 [6]
Graciela Gatti Santana  Uruguay 20 December 2011 19 December 2019 [6]
Burton Hall  Bahamas, The 20 December 2011 19 December 2019 [6]
Vagn Joensen  Denmark 20 December 2011 19 December 2019 [6]
Gberdao Kam  Burkina Faso 20 December 2011 19 December 2019 [6]
Liu Daqun  China 20 December 2011 19 December 2019 [6]
Joseph Masanche  Tanzania 20 December 2011 19 December 2019 [6]
Theodor Meron  United States 20 December 2011 19 December 2019 [6]
Bakone Moloto  South Africa 20 December 2011 19 December 2019 [6]
Lee Muthoga  Kenya 20 December 2011 19 December 2019 [6]
Aminatta N'gum  Gambia, The 20 December 2011 19 December 2019 [6]
Prisca Nyambe  Zambia 20 December 2011 19 December 2019 [6]
Alphons Orie  Netherlands 20 December 2011 19 December 2019 [6]
Seon Ki Park  Korea, South 20 December 2011 19 December 2019 [6]
Mparany Rajohnson  Madagascar 20 December 2011 19 December 2019 [6]
Patrick Robinson  Jamaica 20 December 2011 19 December 2019 [6]
Ivo Rosa  Portugal 20 December 2011 19 December 2019 [6]
William Sekule  Tanzania 20 December 2011 19 December 2019 [6]

References

  1. ^ a b c d e "Principals". MICT. Retrieved 2016-04-01.
  2. ^ "President". MICT. Retrieved 2016-04-01.
  3. ^ "Former Principals". MICT. Retrieved 2016-04-01.
  4. ^ "Prosecutor". MICT. Retrieved 2016-04-01.
  5. ^ "Registrar". MICT. Retrieved 2016-04-01.
  6. ^ 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 "Judges". MICT. Retrieved 2016-04-01.

Key documents (Statute, Rules of Procedure and Evidence, Judicial Filings, etc.) pertaining to the Mechanism are available on its Documents website section.

News related to the Mechanism are available on its News website section.

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