International Residual Mechanism For Criminal Tribunals

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International Residual Mechanism for Criminal Tribunals (IRMCT), also known as the Mechanism, is a body of the United Nations established to carry out a number of essential functions previously performed by the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). The Mechanism was established by the United Nations Security Council Resolution 1966 in 2010 and began its operations on 1 July 2012.

Mandate[edit | edit source]

The IRMCT's mandate includes the following key functions:

  • To locate and arrest remaining fugitives indicted by the ICTR and the ICTY.
  • To conduct trials for those accused whose cases have not yet been completed by the ICTR or the ICTY.
  • To conduct appeals proceedings that were pending before the ICTR and the ICTY.
  • To conduct retrials ordered by the ICTR, the ICTY, or the Mechanism itself.
  • To protect victims and witnesses who have testified in the trials.
  • To supervise the enforcement of sentences for individuals convicted by the ICTR, the ICTY, and the Mechanism, including the transfer of those who have served their sentences.
  • To assist national jurisdictions with requests for assistance in prosecuting international crimes.
  • To preserve and manage the archives of the ICTR, the ICTY, and the Mechanism.

Structure[edit | edit source]

The IRMCT operates through two branches:

  • The Arusha branch, located in Arusha, Tanzania, primarily deals with functions inherited from the ICTR.
  • The Hague branch, located in The Hague, Netherlands, primarily deals with functions inherited from the ICTY.

Each branch is headed by a branch registrar, and the Mechanism as a whole is led by a President, who is supported by a Prosecutor and a Registrar.

Significance[edit | edit source]

The establishment of the IRMCT represents a critical step in the evolution of international criminal justice. It ensures that the closure of the ICTR and the ICTY does not leave a vacuum in the pursuit of accountability for genocide, war crimes, and crimes against humanity. By continuing the legal proceedings and enforcing the sentences of those convicted, the Mechanism contributes to the fight against impunity and the promotion of international peace and security.

Challenges[edit | edit source]

The IRMCT faces several challenges, including the difficulty of locating and arresting fugitives, the complexity of managing and preserving vast archives of legal documents, and the need to ensure the protection of victims and witnesses. Additionally, the Mechanism must navigate the political and diplomatic complexities involved in cooperating with countries to arrest and transfer suspects.

Conclusion[edit | edit source]

The International Residual Mechanism for Criminal Tribunals plays a pivotal role in ensuring that the legacy of the ICTR and the ICTY is preserved and that justice for the most serious international crimes continues to be pursued. Its work is crucial for the victims of these crimes and for the international community's commitment to upholding the principles of justice and accountability.

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Contributors: Prab R. Tumpati, MD