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The International Residual Mechanism for Criminal Tribunals (IRMCT) or the MICT in Kinyarwanda, also known simply as the 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. It is based in both Arusha, Tanzania and The Hague, Netherlands.
| International Residual Mechanism for Criminal Tribunals | |
|---|---|
| French: Mécanisme international appelé à exercer les fonctions résiduelles des Tribunaux pénaux | |
 Seal of the Mechanism | |
| Established | 22 December 2010 |
| Location | Arusha, Tanzania The Hague, Netherlands |
| Authorised by | UNSC Resolution 1966 |
| Website | www |
| President | |
| Currently | |
| Since | 1 July 2022 |
| Prosecutor | |
| Currently | Serge Brammertz |
| Since | 29 February 2016 |
| Registrar | |
| Currently | Abubacarr Marie Tambadou |
| Since | 1 July 2020 |
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 remaining fugitives still wanted for trial by the ICTR was a top priority for the Mechanism for International Criminal Tribunals, and was carried out by the OTP Fugitive Tracking Team
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.
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 the last two fugitives: Charles Sikubwabo and , later declared dead on May 15, 2024. With these deaths, the IRMCT announced that all ICTR fugitives had been successfully accounted for.
Over 1000 Génocidaire fugitives are sought by national authorities and the IRMCT continues to assist in the tracking of these fugitives.
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.
| Name | State | Term began | Term ended | Ref. |
|---|---|---|---|---|
| Theodor Meron |  United States | 1 March 2012 | 18 January 2019 | |
 Malta | 19 January 2019 | 30 June 2022 | ||
 Uruguay | 1 July 2022 | In office |
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.
| Name | State | Term began | Term ended | Ref. |
|---|---|---|---|---|
| Hassan Jallow |  Gambia, The | 1 March 2012 | 29 February 2016 | |
| Serge Brammertz |  Belgium | 1 March 2016 | In office |
Registrar
The Registrar, appointed by the Secretary-General, leads the Registry, which provides administrative, legal, policy and diplomatic support to Mechanism operations.
| Name | State | Term began | Term ended | Ref. |
|---|---|---|---|---|
| John Hocking |  Australia | 18 January 2012 | 31 December 2016 | |
| Olufemi Elias |  Nigeria | 1 January 2017 | 30 June 2020 | |
| Abubacarr Marie Tambadou | Gambia, The | 1 July 2020 | In office |
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. 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.
| Name | State | Term began | Term ended | Ref(s). |
|---|---|---|---|---|
| Malta | 1 July 2012 | In office | ||
 Turkey | 1 July 2012 | 30 June 2018 | ||
| Turkey | 21 December 2018 | In office | ||
 Madagascar | 20 February 2024 | In office | ||
 France | 1 July 2012 | In office | ||
| Florence Rita Arrey |  Cameroon | 1 July 2012 | In office | |
 Morocco | 15 January 2019 | In office | ||
| Iain Bonomy |  United Kingdom | 6 February 2020 | In office | |
| Solomy Balungi Bossa |  Uganda | 1 July 2012 | 11 March 2018 | |
| United States | 22 December 2021 | In office | ||
 Spain | 1 July 2012 | In office | ||
| Ben Emmerson | United Kingdom | 1 July 2012 | 19 July 2019 | |
| Christoph Flügge |  Germany | 1 July 2012 | 7 January 2019 | |
| Uruguay | 1 July 2012 | In office | ||
| Burton Hall |  Bahamas, The | 1 July 2012 | In office | |
| Germany | 21 February 2019 | In office | ||
| Elizabeth Ibanda-Nahamya | Uganda | 19 March 2018 | 5 January 2023 | |
| Vagn Joensen |  Denmark | 1 July 2012 | In office | |
 Burkina Faso | 1 July 2012 | 17 February 2021 | ||
 China | 1 July 2012 | In office | ||
 Tanzania | 1 July 2012 | In office | ||
| Theodor Meron | United States | 1 July 2012 | 17 November 2021 | |
| Bakone Justice Moloto |  South Africa | 1 July 2012 | 30 June 2018 | |
| Lydia N. Mugambe Ssali | Uganda | 30 May 2023 | In office | |
 Kenya | 1 July 2012 | In office | ||
| Aminatta Lois Runeni N'gum | Gambia, The | 1 July 2012 | In office | |
| Prisca Matimba Nyambe |  Zambia | 1 July 2012 | In office | |
| Alphons M.M. Orie |  Netherlands | 1 July 2012 | In office | |
 Jamaica | 28 April 2016 | In office | ||
 Korea, South | 1 July 2012 | In office | ||
| Madagascar | 1 July 2012 | 2 October 2018 | ||
| Madagascar | 29 January 2019 | 4 October 2023 | ||
| Patrick Lipton Robinson | Jamaica | 1 July 2012 | 17 November 2015 | |
 Portugal | 1 July 2012 | In office | ||
| Burkina Faso | 12 August 2021 | In office | ||
| William H. Sekule | Tanzania | 1 July 2012 | In office |
See also
- International Criminal Court
Notes
- In other languages:
- French: Mécanisme international appelé à exercer les fonctions résiduelles des Tribunaux pénaux
- Serbo-Croatian: Međunarodni rezidualni mehanizam za krivične sudove
- Kinyarwanda: Urwego Mpuzamahanga Rwashyiriweho Gukora Imirimo y'Insigarira y'Inkiko Mpanabyaha
References
- United Nations, Security Council (2010-12-22). "S/RES/1966 ICYEMEZO 1966 (2010)" (PDF). IRMCT. Retrieved 2024-05-19.
- "IRMCT Prosecutor announces all ICTR Fugitives successfully accounted for". IRMCT. 15 May 2024. Retrieved 19 May 2024.
- "Principals". IRMCT. Retrieved 2016-04-01.
- "Former Principals". IRMCT. Retrieved 2019-01-24.
- "President". IRMCT. 19 January 2019. Retrieved 2019-01-19.
- "President". IRMCT. 27 June 2022. Retrieved 2022-06-27.
- "Prosecutor". IRMCT. Retrieved 2016-04-01.
- "United Nations Secretary-General appoints Mr. Olufemi Elias as Registrar of the Mechanism". IRMCT. 2016-11-29. Retrieved 2017-01-02.
- "UN Secretary-General appoints Mr. Abubacarr Marie Tambadou as Registrar of the Mechanism". IRMCT. 2020-07-02. Retrieved 2020-07-03.
- "Judges". IRMCT. Retrieved 2021-12-24.
- "Statement of the President on the non-reappointment of Judge Akay". IRMCT. 2018-07-03. Archived from the original on 2018-07-04. Retrieved 2018-07-04.
- "General Assembly elects Judge Yusuf Aksar of Turkey to serve as Mechanism Judge". IRMCT. 2019-01-07. Retrieved 2019-01-08.
- "Mechanism welcomes new Judge to its judicial roster". IRMCT. 2024-02-21. Retrieved 2024-02-22.
- "General Assembly elects Judge Mustapha El Baaj of Morocco to serve as Mechanism Judge". IRMCT. 2019-01-16. Retrieved 2019-01-18.
- "Secretary-General appoints Judge Iain Bonomy of the United Kingdom of Great Britain and Northern Ireland to serve as Mechanism Judge". IRMCT. 2020-02-11. Archived from the original on 2020-09-22. Retrieved 2020-02-12.
- "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.
- "Secretary-General appoints Judge Margaret Anne McAuliffe deGuzman of United States of America to serve as Mechanism Judge". IRMCT. 2021-12-23. Retrieved 2021-12-24.
- "Secretary-General appoints Judge Claudia Hoefer of Germany to serve as Mechanism Judge". IRMCT. 2019-02-22. Retrieved 2019-02-23.
- "Mechanism Mourns the Loss of Judge Elizabeth Ibanda-Nahamya". IRMCT. 2022-01-06. Retrieved 2022-01-08.
- "Mechanism Mourns the Loss of Judge Gberdao Gustave Kam". IRMCT. 2021-02-18. Retrieved 2021-02-19.
- "Judge Theodor Meron steps down from Judicial Roster of the International Residual Mechanism for Criminal Tribunals". IRMCT. 2021-11-05. Retrieved 2021-12-24.
- "S/2023/386: Letter dated 26 May 2023 from the Secretary-General addressed to the President of the Security Council" (PDF). UN. 2023-05-30. Retrieved 2023-06-10.
- "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.
- "Mechanism Judge Mparany Mamy Richard Rajohnson passes away". IRMCT. 2018-10-04. Retrieved 2018-10-05.
- "Secretary-General appoints Judge Mahandrisoa Edmond Randrianirina of Madagascar to serve as Mechanism Judge". IRMCT. 2019-02-01. Retrieved 2019-02-02.
- "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.
- "Secretary-General appoints Judge Fatimata Sanou Touré of Burkina Faso to serve as Mechanism Judge". IRMCT. 2021-08-13. Retrieved 2021-08-15.
External links
- United Nations International Residual Mechanism for Criminal Tribunals
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The International Residual Mechanism for Criminal Tribunals IRMCT or the MICT in Kinyarwanda also known simply as the 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 It is based in both Arusha Tanzania and The Hague Netherlands International Residual Mechanism for Criminal TribunalsFrench Mecanisme international appele a exercer les fonctions residuelles des Tribunaux penauxSeal of the MechanismEstablished22 December 2010LocationArusha Tanzania The Hague NetherlandsAuthorised byUNSC Resolution 1966Websitewww wbr irmct wbr orgPresidentCurrentlySince1 July 2022ProsecutorCurrentlySerge BrammertzSince29 February 2016RegistrarCurrentlyAbubacarr Marie TambadouSince1 July 2020 International Residual Mechanism for Criminal Tribunals building in Arusha TanzaniaBackgroundIn 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 MandateIn 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 FugitivesThe tracking arrest and prosecution of the remaining fugitives still wanted for trial by the ICTR was a top priority for the Mechanism for International Criminal Tribunals and was carried out by the OTP Fugitive Tracking Team With the arrest and transfer in 2011 of the last two fugitives for the ICTY Ratko Mladic and Goran Hadzic what was originally envisaged as a function of the Mechanism trial of the ICTY s remaining fugitives was completed by the ICTY 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 the last two fugitives Charles Sikubwabo and later declared dead on May 15 2024 With these deaths the IRMCT announced that all ICTR fugitives had been successfully accounted for Over 1000 Genocidaire fugitives are sought by national authorities and the IRMCT continues to assist in the tracking of these fugitives PrincipalsThe 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 Name State Term began Term ended Ref Theodor Meron United States 1 March 2012 18 January 2019 Malta 19 January 2019 30 June 2022 Uruguay 1 July 2022 In office 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 Name State Term began Term ended Ref Hassan Jallow Gambia The 1 March 2012 29 February 2016 Serge Brammertz Belgium 1 March 2016 In office Registrar The Registrar appointed by the Secretary General leads the Registry which provides administrative legal policy and diplomatic support to Mechanism operations Name State Term began Term ended Ref John Hocking Australia 18 January 2012 31 December 2016 Olufemi Elias Nigeria 1 January 2017 30 June 2020 Abubacarr Marie Tambadou Gambia The 1 July 2020 In officeJudgesJudges of the IRMCT 2019 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 Name State Term began Term ended Ref s Malta 1 July 2012 In office Turkey 1 July 2012 30 June 2018 Turkey 21 December 2018 In office Madagascar 20 February 2024 In office France 1 July 2012 In office Florence Rita Arrey Cameroon 1 July 2012 In office Morocco 15 January 2019 In office Iain Bonomy United Kingdom 6 February 2020 In office Solomy Balungi Bossa Uganda 1 July 2012 11 March 2018 United States 22 December 2021 In office Spain 1 July 2012 In office Ben Emmerson United Kingdom 1 July 2012 19 July 2019 Christoph Flugge Germany 1 July 2012 7 January 2019 Uruguay 1 July 2012 In office Burton Hall Bahamas The 1 July 2012 In office Germany 21 February 2019 In office Elizabeth Ibanda Nahamya Uganda 19 March 2018 5 January 2023 Vagn Joensen Denmark 1 July 2012 In office Burkina Faso 1 July 2012 17 February 2021 China 1 July 2012 In office Tanzania 1 July 2012 In office Theodor Meron United States 1 July 2012 17 November 2021 Bakone Justice Moloto South Africa 1 July 2012 30 June 2018 Lydia N Mugambe Ssali Uganda 30 May 2023 In office Kenya 1 July 2012 In office Aminatta Lois Runeni N gum Gambia The 1 July 2012 In office Prisca Matimba Nyambe Zambia 1 July 2012 In office Alphons M M Orie Netherlands 1 July 2012 In office Jamaica 28 April 2016 In office Korea South 1 July 2012 In office Madagascar 1 July 2012 2 October 2018 Madagascar 29 January 2019 4 October 2023 Patrick Lipton Robinson Jamaica 1 July 2012 17 November 2015 Portugal 1 July 2012 In office Burkina Faso 12 August 2021 In office William H Sekule Tanzania 1 July 2012 In officeSee alsoInternational Criminal CourtNotesIn other languages French Mecanisme international appele a exercer les fonctions residuelles des Tribunaux penaux Serbo Croatian Međunarodni rezidualni mehanizam za krivicne sudove Kinyarwanda Urwego Mpuzamahanga Rwashyiriweho Gukora Imirimo y Insigarira y Inkiko MpanabyahaReferencesUnited Nations Security Council 2010 12 22 S RES 1966 ICYEMEZO 1966 2010 PDF IRMCT Retrieved 2024 05 19 IRMCT Prosecutor announces all ICTR Fugitives successfully accounted for IRMCT 15 May 2024 Retrieved 19 May 2024 Principals IRMCT Retrieved 2016 04 01 Former Principals IRMCT Retrieved 2019 01 24 President IRMCT 19 January 2019 Retrieved 2019 01 19 President IRMCT 27 June 2022 Retrieved 2022 06 27 Prosecutor IRMCT Retrieved 2016 04 01 United Nations Secretary General appoints Mr Olufemi Elias as Registrar of the Mechanism IRMCT 2016 11 29 Retrieved 2017 01 02 UN Secretary General appoints Mr Abubacarr Marie Tambadou as Registrar of the Mechanism IRMCT 2020 07 02 Retrieved 2020 07 03 Judges IRMCT Retrieved 2021 12 24 Statement of the President on the non reappointment of Judge Akay IRMCT 2018 07 03 Archived from the original on 2018 07 04 Retrieved 2018 07 04 General Assembly elects Judge Yusuf Aksar of Turkey to serve as Mechanism Judge IRMCT 2019 01 07 Retrieved 2019 01 08 Mechanism welcomes new Judge to its judicial roster IRMCT 2024 02 21 Retrieved 2024 02 22 General Assembly elects Judge Mustapha El Baaj of Morocco to serve as Mechanism Judge IRMCT 2019 01 16 Retrieved 2019 01 18 Secretary General appoints Judge Iain Bonomy of the United Kingdom of Great Britain and Northern Ireland to serve as Mechanism Judge IRMCT 2020 02 11 Archived from the original on 2020 09 22 Retrieved 2020 02 12 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 Secretary General appoints Judge Margaret Anne McAuliffe deGuzman of United States of America to serve as Mechanism Judge IRMCT 2021 12 23 Retrieved 2021 12 24 Secretary General appoints Judge Claudia Hoefer of Germany to serve as Mechanism Judge IRMCT 2019 02 22 Retrieved 2019 02 23 Mechanism Mourns the Loss of Judge Elizabeth Ibanda Nahamya IRMCT 2022 01 06 Retrieved 2022 01 08 Mechanism Mourns the Loss of Judge Gberdao Gustave Kam IRMCT 2021 02 18 Retrieved 2021 02 19 Judge Theodor Meron steps down from Judicial Roster of the International Residual Mechanism for Criminal Tribunals IRMCT 2021 11 05 Retrieved 2021 12 24 S 2023 386 Letter dated 26 May 2023 from the Secretary General addressed to the President of the Security Council PDF UN 2023 05 30 Retrieved 2023 06 10 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 Mechanism Judge Mparany Mamy Richard Rajohnson passes away IRMCT 2018 10 04 Retrieved 2018 10 05 Secretary General appoints Judge Mahandrisoa Edmond Randrianirina of Madagascar to serve as Mechanism Judge IRMCT 2019 02 01 Retrieved 2019 02 02 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 Secretary General appoints Judge Fatimata Sanou Toure of Burkina Faso to serve as Mechanism Judge IRMCT 2021 08 13 Retrieved 2021 08 15 External linksUnited Nations International Residual Mechanism for Criminal Tribunals