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Continuous functions:

  • Tracking of remaining fugitives
  • Protection of victims and witnesses
  • Supervision of enforcement of sentences
  • Assistance to national jurisdictions
  • Preservation & management of the archives

Ad hoc functions:

  • Judicial proceedings, including:
  • Re-Trial
  • Appeals
  • Review proceedings
  • Prosecute contempt cases
  • Monitor deferred cases
  • Trial of fugitives, when apprehended

ICTY & ICTR completion / exit strategy

-1998: GA review of effectiveness

-1999: Panel of experts report,

"focus on leadership cases."

-2000: Judges proposals, including adding ad litem judges

-2001: Del Ponte "exit strategy": complete investigations by 2004 and complete trials by 2008. Transfer cases.

-2003: UNSC Res 1503 endorses completion strategy.

-Challenges: late arrests (2011), fitness of accused.

-Pressure to close. Target v. deadline? Closure 2015/2017

Why was the creation of the Mechanism necessary?

What are the functions of the IRMCT?

IRMCT: Searching for the [ICTR] fugitives

Fugitives:

Indicted individuals

still at large

ICTR closed 31 Dec. 2015

IRMCT Arusha branch opened 2012

ICTY closed 31 Dec. 2017

IRMCT The Hague branch opened 2013

How is the Mechanism organized?

  • There are 3 Principals common to both branches:

Registrar

Olufemi Elias

Prosecutor

Serge Brammertz

President

Carmel Agius

Nigeria

Belgium

Malta

  • A roster of 25 international Judges, working remotely unless called to one of the seats of the Mechanism.

What is the Mechanism?

  • About 300 staff representing some 72 nationalities.

Examples of cases before the Mechanism:

The UN International Residual Mechanism for Criminal Tribunals

(IRMCT or Mechanism)

Stanišić & Simatović Re-trial

The United Nations Security Council adopted resolution 1966 establishing the Mechanism for International Criminal Tribunals on 22 December 2010.

Retrial started 13 June 2017 (defence phase now)

Jojić & Radeta contempt case

2 accused at large

Ngirabatware case

Appeal judgement was under review

Turinabo et al contempt case

6-accused case to be tried in Arusha (postponed)

Case on appeal currently before the Mechanism:

Mladić Appeal

Appeals hearing recently postponed.

(Corona virus & convict claims to be unfit.)

Case recently on appeal before the Mechanism:

Karadžić Appeal concluded

Convictions affirmed and sentence increased to life. The IRMCT is seeking a state to enforce his prison sentence.

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