Mechanism for International Criminal Tribunals
The Mechanism for International Criminal Tribunals (MICT) was established by the United Nations Security Council on 22 December 2010 to carry out a number of essential functions of the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY) after the completion of their respective mandates.
The establishment of the Mechanism is a key step of the Completion Strategies of the two Tribunals. It is a new small and temporary body, tasked with continuing the “jurisdiction, rights and obligations and essential functions” (UNSC Resolution 1966) of the ICTR and the ICTY; and maintaining the legacy of both institutions.
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.
Resolution 1966 of the UN Security Council envisages that the Mechanism’s “functions and size will diminish over time, with a small number of staff commensurate with its reduced functions”. The Security Council determined that the Mechanism will continue to operate until it decides otherwise, but further provided that the progress of the work of the Mechanism will be reviewed in 2016 and every two years thereafter.
The Mechanism will perform a number of essential functions currently carried out by the ICTR and the ICTY. Securing the arrest, transfer and prosecution of the nine remaining fugitives still wanted for trial by the ICTR will be a top priority for the Mechanism.
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 President, the Prosecutor and the Registrar. Their appointment is common to both branches of the Mechanism.
President: Theodor Meron,[1] USA. Appointed on 1 March 2012 for a period of four years.
Prosecutor: Hassan Bubacar Jallow,[2] Gambia. Appointed on 1 March 2012 for a term of four years.
Registrar: John Hocking,[3] Australia. Appointed on 18 January 2012
Judges[4]
| Name | State | Term began | Term ended |
|---|---|---|---|
| Agius, CarmelCarmel Agius |  Malta |
20 December 2011 | In office |
| Akay, AydinAydin Akay |  Turkey |
20 December 2011 | In office |
| Antonetti, Jean-ClaudeJean-Claude Antonetti |  France |
20 December 2011 | In office |
| Arrey, FlorenceFlorence Arrey |  Cameroon |
20 December 2011 | In office |
| Bossa, SolomySolomy Bossa |  Uganda |
20 December 2011 | In office |
| de Prada, JoséJosé de Prada |  Spain |
20 December 2011 | In office |
| Emmerson, BenBen Emmerson |  United Kingdom |
20 December 2011 | In office |
| Flügge, ChristophChristoph Flügge |  Germany |
20 December 2011 | In office |
| Gatti Santana, GracielaGraciela Gatti Santana |  Uruguay |
20 December 2011 | In office |
| Hall, BurtonBurton Hall |  Bahamas, The |
20 December 2011 | In office |
| Joensen, VagnVagn Joensen |  Denmark |
20 December 2011 | In office |
| Kam, GberdaoGberdao Kam |  Burkina Faso |
20 December 2011 | In office |
| Liu Daqun |  China |
20 December 2011 | In office |
| Masanche, JosephJoseph Masanche |  Tanzania |
20 December 2011 | In office |
| Meron, TheodorTheodor Meron |  United States |
20 December 2011 | In office |
| Moloto, BakoneBakone Moloto |  South Africa |
20 December 2011 | In office |
| Muthoga, LeeLee Muthoga |  Kenya |
20 December 2011 | In office |
| N'gum, AminattaAminatta N'gum |  Gambia, The |
20 December 2011 | In office |
| Nyambe, PriscaPrisca Nyambe |  Zambia |
20 December 2011 | In office |
| Orie, AlphonsAlphons Orie |  Netherlands |
20 December 2011 | In office |
| Park, Seon KiSeon Ki Park |  Korea, South |
20 December 2011 | In office |
| Rajohnson, MparanyMparany Rajohnson |  Madagascar |
20 December 2011 | In office |
| Robinson, PatrickPatrick Robinson |  Jamaica |
20 December 2011 | In office |
| Rosa, IvoIvo Rosa |  Portugal |
20 December 2011 | In office |
| Sekule, WilliamWilliam Sekule | Tanzania |
20 December 2011 | In office |
References
- ↑ http://www.unmict.org/en/about/principals/president
- ↑ http://www.unmict.org/en/about/principals/prosecutor
- ↑ http://www.unmict.org/en/about/principals/registrar
- ↑ http://www.unmict.org/en/about/judges
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.