International residual mechanism for ad hoc criminal courts
| International residual mechanism for the ad hoc criminal courts |
|
|---|---|
.svg) Seal of the residual mechanism |
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| English name | International Residual Mechanism for Criminal Tribunals (IRMTC) |
| French name | Mécanisme international appelé à exercer les fonctions résiduelles des Tribunaux pénaux |
| Organization type | Ad hoc criminal court |
| Seat of the organs |
The Hague , Netherlands and Arusha , Tanzania 
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| Chair | Judge Theodor Meron
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| founding | December 22, 2010 |
| Upper organization |
Security Council of the United Nations
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| www.irmct.org | |
The International Residualmechanismus for the ad hoc criminal tribunals ( English International Residual Mechanism for Criminal Tribunals , IRMCT or MICT ) is an international court . He was 22 December 2010 by Resolution 1966 of the UN Security Council created and is the legal successor of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR).
The main purpose of the MICT is to bring the activities of these ad hoc criminal courts founded in 1993 and 1994 to a conclusion (so-called completion strategy ). Accordingly, it has the material, territorial, temporal and personal responsibilities as well as the rights, obligations and essential functions of its two predecessor institutions.
Organizationally , the MICT is a subsidiary body of the UN Security Council. He took 1 July 2012 its activity and is based in the Netherlands The Hague and in Tanzania Arusha .
Jurisdiction and Legal Basis
The legal basis of the MICT, in addition to Resolution 1966, is the statute adopted together with the resolution and the procedural rules adopted by the judges on June 8, 2012 . According to its statute, criminal prosecution and conviction by the MICT is only possible for persons who have already been charged, possibly in absentia, before one of the two ad hoc criminal courts. Exceptions to this are cases of false testimony or prevention of punishment before the MICT or one of its two predecessor institutions, for which an indictment before the MICT is possible. The only possible punishment in the event of a conviction by the MICT is imprisonment . For the assessment of the sentence, in addition to the seriousness of the offenses of the accused and the individual circumstances of their respective cases, the previous jurisprudence of the ICTY and the ICTR should also be taken into account.
Other important tasks of the MICT, as with the previous ad hoc criminal courts, are the monitoring of proceedings that have been or will be transferred to the competence of the national jurisdiction of the respective countries, as well as the support of the national law enforcement authorities in proceedings in connection with the procedures of the ICTY and the ICTR. In addition, the MICT is responsible for activities to protect witnesses and victims from ITCY and ICTR proceedings, to review convictions by the ICTR, ICTY and MICT in the event of new facts, and to monitor the execution of the judgments imposed by the three institutions as well as managing their archives .
The two previously existing ad hoc courts of law largely ceased their activities by the end of 2014 and transferred their responsibilities and ongoing proceedings to the MICT. The MICT is initially set to run for four years from its establishment. An extension of the mandate is then possible on the basis of reviews that are to take place every two years from 2016.
Organization and way of working
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The MICT is a subsidiary organ of the United Nations Security Council and is divided into two departments, each of which carries on the work of one of the two ad hoc courts of law. According to the provisions of Resolution 1966, the Arusha- based department , which succeeds the ICTR, has been active since July 2012, while the department responsible for continuing the activities of the ICTY, based in The Hague, began its work at the beginning of July 2013. There is a separate procedural chamber for each department as well as a joint appeal chamber for both departments. Also, the branch acts as a joint of both sections.
25 judges work at the MICT , of whom no more than two may come from the same country at the same time. When making the selection, particular attention will be given to people who already have experience as judges at one of the two predecessor institutions. According to the statute, the judges should as far as possible not work at the headquarters of the respective department, but in their home country. The rules for ad hoc judges at the International Court of Justice (ICJ) apply accordingly to their work and the allowance they are entitled to ; the provisions applicable to regular ICJ judges apply to the activities of the President appointed by the UN Secretary General .
The term of office of the judges elected by the General Assembly of the United Nations is four years. An appointment for a further term of office is possible through the UN Secretary General after consultation with the Presidents of the Security Council and the General Assembly. The assignment of the judges to the individual chambers and procedures is carried out by the President of the MICT, who himself is supposed to be a member of the appeal chamber. The President of the MICT also has the power to decide on requests for pardon or suspension of detention.
The election of the first judges of the MICT took place on December 20, 2011. The American lawyer Theodor Meron was appointed first president . From 2012 to 2016, Hassan Bubacar Jallow from Gambia , who previously held the same position at the International Criminal Court for Rwanda, was the chief prosecutor responsible for both departments . He was followed in February 2016 by the Belgian lawyer Serge Brammertz , who had previously acted as chief prosecutor of the ICTY. The Gambier Abubacarr Tambadou has been the Chancellor and thus head of the MICT's office and administration since July 2020 .
Remarks
- ↑ This is the name of the court and the abbreviation it uses. The UN Security Council Resolution 1966 of December 22, 2010, on the other hand, uses the term International Residual Mechanism for Criminal Tribunals or simply the Mechanism .
- ↑ Statute of the International Residual Mechanism for Criminal Tribunals of December 22, 2010.
- ↑ Rules of Procedure and Evidence of June 8, 2012, Corrigendum to the Rules of Procedure and Evidence of August 17, 2012.
literature
- Thomas Wayde Pittman: The Road to the Establishment of the International Residual Mechanism for Criminal Tribunals. From completion to continuation. In: Journal of International Criminal Justice. 9 (4) / 2011. Oxford University Press, pp. 797-817, ISSN 1478-1387
- Brigitte Benoit Landale, Huw Llewellyn: The International Residual Mechanism for Criminal Tribunals: The Beginning of the End for the ICTY and ICTR. In: International Organizations Law Review. 8 (2) / 2011. Martinus Nijhoff Publishers, pp. 349-365, ISSN 1572-3739
- Guido Acquaviva: 'Best Before Date Shown': Residual Mechanisms at the ICTY. In: Albertus Henricus Joannes Swart, Bert Swart, Alexander Zahar, Göran Sluiter: The Legacy of the International Criminal Tribunal for the Former Yugoslavia. Oxford University Press, Oxford 2011, ISBN 978-0-19-957341-7 , pp. 507-536.
- Residual mechanism. In: Gerald Gahima: Transitional Justice in Rwanda: Accountability for Atrocity. Routledge, Abingdon / New York 2013, ISBN 978-0-415-52278-6 , pp. 120-122.
Web links
- Official website (English and French)
- Collection of decisions by the MICT in the Legal Tools project