# International Residual Mechanism for Criminal Tribunals

The International Residual Mechanism for Criminal Tribunals (IRMCT) or the MICT in Kinyarwanda, also known simply as the Mechanism, 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 those tribunals' respective mandates. It is based in both Arusha, Tanzania and The Hague, Netherlands.

## 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 Mechanism 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 is located in The Hague, Netherlands and began operating on 1 July 2013. During the initial period of the Mechanism's work, there was 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 Mechanism.

## Fugitives

The tracking, arrest and prosecution of the remaining fugitives still wanted for trial by the ICTR was a top priority for the Mechanism for International Criminal Tribunals, and was carried out by the OTP Fugitive Tracking Team
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 Mechanism – trial of the ICTY’s remaining fugitives - was completed by the ICTY.
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 the last two fugitives: Charles Sikubwabo and Charles Ryandikayo, later declared dead on May 15, 2024. With these deaths, the IRMCT announced that all ICTR fugitives had been successfully accounted for.
Over 1000 Génocidaire fugitives are sought by national authorities and the IRMCT continues to assist in the tracking of these fugitives.

## Principals

The Principals of the Mechanism are the three persons who head the three separate organs of the Mechanism. All principals are appointed to renewable four-year terms.

### President

The President is head and the most senior judge of the Chambers, the judicial division of the Mechanism. The President is appointed by the Secretary-General following consultations with the President of the Security Council and the judges of the Mechanism.
| Name | State | Term began | Term ended |
| Theodor Meron | United States | 1 March 2012 | 18 January 2019 |
| Carmel Agius | Malta | 19 January 2019 | 30 June 2022 |
| Graciela S. Gatti Santana | Uruguay | 1 July 2022 | In office |

### 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.
| Name | State | Term began | Term ended | Ref. |
| Hassan Jallow | Gambia, The | 1 March 2012 | 29 February 2016 | |
| Serge Brammertz | Belgium | 1 March 2016 | In office | |

### Registrar

The Registrar, appointed by the Secretary-General, leads the Registry, which provides administrative, legal, policy and diplomatic support to Mechanism operations.
| Name | State | Term began | Term ended |
| John Hocking | Australia | 18 January 2012 | 31 December 2016 |
| Olufemi Elias | Nigeria | 1 January 2017 | 30 June 2020 |
| Abubacarr Marie Tambadou | Gambia, The | 1 July 2020 | In office |

## 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. 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. The Judges are present at the Mechanism only when necessary and at the request of the President. As much as possible, the Judges carry out their functions remotely.
| Name | State | Term began | Term ended |
| Carmel Agius | Malta | 1 July 2012 | In office |
| Aydin Sefa Akay | Turkey | 1 July 2012 | 30 June 2018 |
| Yusuf Aksar | Turkey | 21 December 2018 | In office |
| René José Andriatianarivelo | Madagascar | 20 February 2024 | In office |
| Jean-Claude Antonetti | France | 1 July 2012 | In office |
| Florence Rita Arrey | Cameroon | 1 July 2012 | In office |
| Mustapha El Baaj | Morocco | 15 January 2019 | In office |
| Iain Bonomy | United Kingdom | 6 February 2020 | In office |
| Solomy Balungi Bossa | Uganda | 1 July 2012 | 11 March 2018 |
| Margaret M. deGuzman | United States | 22 December 2021 | In office |
| José R. de Prada Solaesa | Spain | 1 July 2012 | In office |
| Ben Emmerson | United Kingdom | 1 July 2012 | 19 July 2019 |
| Christoph Flügge | Germany | 1 July 2012 | 7 January 2019 |
| Graciela Gatti Santana | Uruguay | 1 July 2012 | In office |
| Burton Hall | Bahamas, The | 1 July 2012 | In office |
| Claudia Hoefer | Germany | 21 February 2019 | In office |
| Elizabeth Ibanda-Nahamya | Uganda | 19 March 2018 | 5 January 2023 |
| Vagn Joensen | Denmark | 1 July 2012 | In office |
| Gberdao Gustave Kam | Burkina Faso | 1 July 2012 | 17 February 2021 |
| Liu Daqun | China | 1 July 2012 | In office |
| Joseph Masanche | Tanzania | 1 July 2012 | In office |
| Theodor Meron | United States | 1 July 2012 | 17 November 2021 |
| Bakone Justice Moloto | South Africa | 1 July 2012 | 30 June 2018 |
| Lydia N. Mugambe Ssali | Uganda | 30 May 2023 | In office |
| Lee G. Muthoga | Kenya | 1 July 2012 | In office |
| Aminatta Lois Runeni N'gum | Gambia, The | 1 July 2012 | In office |
| Prisca Matimba Nyambe | Zambia | 1 July 2012 | In office |
| Alphons M.M. Orie | Netherlands | 1 July 2012 | In office |
| Seymour Panton | Jamaica | 28 April 2016 | In office |
| Seon Ki Park | Korea, South | 1 July 2012 | In office |
| Mparany Mamy Richard Rajohnson | Madagascar | 1 July 2012 | 2 October 2018 |
| Mahandrisoa Edmond Randrianirina | Madagascar | 29 January 2019 | 4 October 2023 |
| Patrick Lipton Robinson | Jamaica | 1 July 2012 | 17 November 2015 |
| Ivo Nelson de Caires Batista Rosa | Portugal | 1 July 2012 | In office |
| Fatimata Sanou Touré | Burkina Faso | 12 August 2021 | In office |
| William H. Sekule | Tanzania | 1 July 2012 | In office |