Mechanism for International Criminal Tribunals
| Mechanism for International Criminal Tribunals | |
|---|---|
| Mécanisme pour les Tribunaux pénaux internationaux (French) | |
Seal of the Mechanism
|
|
| Established | 22 December 2010 |
| Location | The Hague, Netherlands Arusha, Tanzania |
| Composition method | Legislative selection |
| Authorized by | UNSC Resolution 1966 |
| Judge term length | 4 years |
| Number of positions | 25 |
| Website | http://www.unmict.org/ |
| President | |
| Currently | Theodor Meron |
| Since | 1 March 2012 |
| Lead position ends | 29 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.
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.
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 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(s). |
|---|---|---|---|---|
| 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 | 20 May 2016 | [6][7] |
| Ivo Rosa |  Portugal |
20 December 2011 | 19 December 2019 | [6] |
| William Sekule | Tanzania |
20 December 2011 | 19 December 2019 | [6] |
| Seymour Panton | Jamaica |
20 May 2016 | 19 May 2020 | [6][7] |
References
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- ↑ 6.00 6.01 6.02 6.03 6.04 6.05 6.06 6.07 6.08 6.09 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 Lua error in package.lua at line 80: module 'strict' not found.
- ↑ 7.0 7.1 Lua error in package.lua at line 80: module 'strict' not found.
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.
