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.

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.
Meron, TheodorTheodor Meron	United States	000000002012-03-01-00001 March 2012	000000002020-02-29-000029 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.
Jallow, HassanHassan Jallow	Gambia, The	000000002012-03-01-00001 March 2012	000000002016-02-29-000029 February 2016	^[3]
Brammertz, SergeSerge Brammertz	Belgium	000000002016-03-01-00001 March 2016	000000002020-02-29-000029 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.
Hocking, JohnJohn Hocking	Australia	000000002012-01-18-000018 January 2012	000000002020-02-29-000029 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.
Agius, CarmelCarmel Agius	Malta	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Akay, AydinAydin Akay	Turkey	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Antonetti, Jean-ClaudeJean-Claude Antonetti	France	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Arrey, FlorenceFlorence Arrey	Cameroon	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Bossa, SolomySolomy Bossa	Uganda	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
de Prada, JoséJosé de Prada	Spain	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Emmerson, BenBen Emmerson	United Kingdom	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Flügge, ChristophChristoph Flügge	Germany	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Gatti Santana, GracielaGraciela Gatti Santana	Uruguay	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Hall, BurtonBurton Hall	Bahamas, The	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Joensen, VagnVagn Joensen	Denmark	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Kam, GberdaoGberdao Kam	Burkina Faso	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Liu Daqun	China	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Masanche, JosephJoseph Masanche	Tanzania	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Meron, TheodorTheodor Meron	United States	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Moloto, BakoneBakone Moloto	South Africa	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Muthoga, LeeLee Muthoga	Kenya	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
N'gum, AminattaAminatta N'gum	Gambia, The	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Nyambe, PriscaPrisca Nyambe	Zambia	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Orie, AlphonsAlphons Orie	Netherlands	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Park, Seon KiSeon Ki Park	Korea, South	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Rajohnson, MparanyMparany Rajohnson	Madagascar	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Robinson, PatrickPatrick Robinson	Jamaica	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Rosa, IvoIvo Rosa	Portugal	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]
Sekule, WilliamWilliam Sekule	Tanzania	000000002011-12-20-000020 December 2011	000000002019-12-19-000019 December 2019	^[6]

References

1 2 3 4 5 "Principals". MICT. Retrieved 2016-04-01.
↑ "President". MICT. Retrieved 2016-04-01.
↑ "Former Principals". MICT. Retrieved 2016-04-01.
↑ "Prosecutor". MICT. Retrieved 2016-04-01.
↑ "Registrar". MICT. Retrieved 2016-04-01.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 "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.

External links

United Nations Mechanism for International Criminal Tribunals

International criminal law

Sources	Customary international law Peremptory norm Hague Conventions Geneva Conventions Nuremberg Charter Nuremberg principles United Nations Charter Genocide Convention Convention Against Torture Rome Statute

Crimes against international law	Crimes against humanity Crime against peace Crime of apartheid Genocide Piracy Slave trading War crime War of aggression

International courts (in order of foundation)	International Military Tribunal (Nuremberg Trials) International Military Tribunal for the Far East International Criminal Tribunal for the Former Yugoslavia International Criminal Tribunal for Rwanda Special Court for Sierra Leone International Criminal Court Extraordinary Chambers in the Courts of Cambodia Special Panels of the Dili District Court Special Tribunal for Lebanon Mechanism for International Criminal Tribunals

History	List of war crimes List of convicted war criminals

Related concepts	Command responsibility Superior orders Joint criminal enterprise Law of war Universal jurisdiction Non-combatant

This article is issued from Wikipedia - version of the Thursday, April 07, 2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.