(Note: The final summary of this meeting will be available at a later time.)
The Security Council met this morning to hear briefings on the International Residual Mechanism for Criminal Tribunals. Addressing the Council were Judge Graciela Gatti Santana and Serge Brammertz, President and Chief Prosecutor, respectively, of the International Residual Mechanism for Criminal Tribunals.
Briefings
GRACIELA GATTI SANTANA, President of the International Residual Mechanism for Criminal Tribunals (IRMCT), which was set up in 2010 to complete the work of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia after their respective closures in 2015 and 2017, noted that this year marked “Kwibuka30”: the thirtieth commemoration of the 1994 Genocide against the Tutsi in Rwanda. Pointing out that, just as the preconditions for genocide grow in force over time, the justice cycle needed to confront the resulting violence and atrocities is long and requires sustained support. She went on to highlight a significant milestone for IRMCT in the past biennium: active proceedings in the final core crime cases have ended and the Mechanism has completed its transition into a truly residual institution. Moreover, the Mechanism’s Prosecutor confirmed in May that all fugitives indicted by the International Criminal Tribunal for Rwanda have been accounted for, she said, adding: “We are steadily advancing on the path of completion.”
The initial priorities of her presidency were drawn from a commitment to implement the Security Council’s request in resolution 2637 (2022) to provide clear and focused projections of completion timelines for all IRMCT activities and options regarding the transfer of its remaining activities, she continued. On that, she spotlighted the release in April of a detailed framework document to guide the Mechanism’s future planning for its other mandated residual activities, which reflects scenario-based workforce planning and provides a range of options and recommendations concerning the potential transfer of the IRMCT’s functions. As well, in line with the Council’s vision that the Mechanism’s functions and size will diminish over time, its budgetary requirements over the past two years have fallen by more than 25 per cent, she said, adding that, by December, it will have eliminated just under half of all posts, compared to staffing figures from two years earlier.
However, the IRMCT still has important work to do and requires sufficient resources to do it, she went on, pointing to the substantial breadth of this work, which is “substantial and unprecedented among international and internationalized tribunals”. The Mechanism has inherited the continuous responsibilities that follow from indicting more than 250 individuals, with the resulting cases receiving evidence from more than 6,800 witnesses and generating records that stretch more than four kilometres and are projected to reach nine. On that, she noted that the IRMCT remains mandated to supervise the enforcement of sentences, with 41 convicted persons currently serving their sentences in 12 States and another seven persons under its jurisdiction. “In the near term, it is expected that the work related to this function will increase, as more prisoners reach the threshold for consideration for early release,” she said, adding: “Sufficient support during this phase will be critical.”
The IRMCT also remains tasked with managing, preserving, and facilitating access to the archives of the ad hoc Tribunals and the Mechanism and continues to receive and adjudicate requests for access to confidential evidence maintained in the archives and for variation of witness protective measures, she continued. As well, it is invested with the competence to review a conviction should a new fact emerge demonstrating that a verdict may be unsafe, she said. On that, she stated that, in the case concerning Gérard Ntakirutimana, now before the Appeals Chamber, fresh information has been presented indicating that a witness may have provided false evidence that was critical to some of his convictions. Therefore, the Appeals Chamber has authorized narrowly tailored review proceedings to determine whether any miscarriage of justice may have occurred.
She went on to underscore the need for the cooperation of States, pointing out that the continued refusal of Serbia to cooperate in the contempt case concerning Petar Jojić and Vjerica Radeta constitutes a persistent obstacle to the Mechanism’s discharge of its mandated functions, and has hampered its ability to try those accused for almost a decade. On enforcement of sentences, she pointed out that enforcement States have yet to be designated for a handful of convicted persons as well as for the provisional release of Félicien Kabuga. As well, the situation of the acquitted or released persons relocated to Niger is at an impasse, she said, renewing her call for a durable solution in this regard.
SERGE BRAMMERTZ, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals, reported that his Office has concluded the important mandate to account for all fugitives indicted by the International Criminal Tribunal for Rwanda. On 15 May, it confirmed the deaths of the last two fugitives, Ryandikayo and Charles Sikubwabo, who both fled Rwanda in 1994 to then-Zaire. They resided in the Kashusha camp, together with many other perpetrators of the genocide, until late 1996. Mr. Sikubwabo then fled through the Democratic Republic of the Congo and the Central African Republic before arriving in Chad, where he died in 1998. “When taking office as the Mechanism Prosecutor, I briefed this Council about our intention to make maximum efforts to locate all remaining ICTR [International Criminal Tribunal for Rwanda] fugitives,” he said, noting that this required a more proactive approach, adopting new methodologies and recruiting the right staff with the right skills.
“We had a window of opportunity to demonstrate a track record of success,” he said, noting that his team accounted for all eight outstanding International Criminal Tribunal for Rwanda fugitives over the last several years. It arrested two fugitives, Félicien Kabuga in Paris in May 2020, and Fulgence Kayishema in Paarl, South Africa, in May 2023. It further confirmed the deaths of another six accused. “This means that all 253 persons indicted by the ICTR and ICTY [International Criminal Tribunal for the Former Yugoslavia] for war crimes, crimes against humanity and genocide have now been accounted for,” he stressed, adding that “fugitives were amongst our greatest challenges, but we persevered and succeeded”.
However, he continued, “while all ICTR fugitives have all been accounted for, more justice is still needed,” noting his Office’s work assisting national authorities in continuing the accountability process for crimes committed in Rwanda and the former Yugoslavia. In the last two years alone, his Office received 629 requests for assistance and supported 219 national case files. In relation to Rwanda, it assisted 10 Member States, handed over 5,000 documents, facilitated the participation of 69 witnesses in national proceedings, provided investigative plans and shared information on fugitives’ whereabouts. Regarding the former Yugoslavia, it supported seven Member States and four international organizations, handed over more than 17,000 documents, and prepared investigative dossiers, crime base reports and analytical reports.
As the Office of Internal Oversight Services (OIOS) reported, most national partners “strongly agreed or agreed that the assistance received had contributed to facilitating investigations and judicial proceedings in their jurisdictions,” he pointed out. While the two Tribunals indicted 253 persons, it was always well-known that there were thousands more perpetrators to bring to justice, he said, adding that “more accountability is still urgently needed”. Rwandan authorities are still seeking to bring more than 1,000 fugitive génocidaires to justice. Likewise, prosecutors in the former Yugoslavia still have thousands of suspected war criminals to investigate and prosecute. Domestic authorities in third-party Member States — particularly Europe and North America — are also prosecuting these cases under “no safe haven” policies. Continuing this work is essential for the victims and survivors, as well as for Member States, who have prioritized accountability at the national level to secure the rule of law and promote reconciliation.
Ultimately, the Mechanism’s work fulfils the Council’s vision to combat impunity for those responsible for severe violations of international humanitarian law, first through both Tribunals and now in domestic courts worldwide. Noting that his Office has successfully completed two of its three primary residual functions, he said that in 2023, it finalized those remaining trials and appeals transferred from the two Tribunals. In May, it successfully accounted for the last International Criminal Tribunal for Rwanda fugitives, bringing that work to a close. His Office, therefore, delivered on these important mandates, consistent with the Council’s vision of the IRMCT as “a temporary institution whose functions will diminish over time”.
Statements
The representative of Sierra Leone said his country can attest to “the transformative power of international justice delivered through independent and impartial criminal tribunals like the IRMCT, and in our case the Special Court for Sierra Leone”. Stressing that that a merger of the activities of the Mechanism and the Special Court is impracticable, he commended its excellent work from 2022 to 2024, during which they concluded the trials of all core crimes, and applauded its efforts to eliminate duplication of functions. The IRMCT has now entered a truly residual stage, he noted, acknowledging “that uncertainties may arise from the Mechanism’s work, given its heavy reliance on the goodwill and political will of member States”. Due to the absence of enforcement States, the Mechanism has had to keep convicted persons in the detention centre in The Hague. The Working Group is also grappling with these ambiguities, he said, adding: “what remains certain is that the Council’s continuing support to the Mechanism is critical.”
The representative of Guyana said that, although it has reached a further point of transition, the IRMCT still has an important role to play in ensuring accountability and justice for crimes committed in the former Yugoslavia and in Rwanda. While its functions and size must gradually diminish pursuant to resolution 1966 (2010), “this must be carefully managed to allow the smooth and appropriate transfer of remaining responsibilities”, she emphasized, also underlining the need to protect witnesses and survivors. She also said that an updated report from the Secretary-General on administrative and budgetary considerations relating to the management of the Mechanism’s archives “is necessary to aid the Council’s discussions on the matter”, and that a report on recommendations for the transfer of IRMCT’s functions would be “helpful”. Expressing concern that the relocation of acquitted and released persons from Arusha to Niger in December 2021 remains unresolved, she urged States to cooperate and “render all necessary assistance” to IRMCT pursuant to resolution 2637 (2022).
The representative of France, also voicing full support for the Mechanism, noted the conclusion of its judicial phase. Given there is no longer a fugitive indicted for principal crimes by the Tribunals for Rwanda and the former Yugoslavia, she expressed support for the passage of the Mechanism to genuinely residual functions. Noting that meaningful decisions need to be taken on a number of issues, including assistance to national jurisdictions, the protection of victims and witnesses, and management of archives, she applauded its streamlining efforts. Highlighting its framework of action as a living document, she applauded the arrest of Fulgence Kayishema. The collaboration between the Prosecutor’s office and the South African authorities is an example of effective and efficient international cooperation in countering impunity, she added.
The representative of the United Kingdom acknowledged the important milestones reached by the Mechanism during this reporting period, with the latest report confirming the completion of all core crimes proceedings and all remaining fugitives in core crimes cases accounted for. He therefore echoed the IRMCT President’s statement that this represents a historic moment for the Mechanism. Turning to outstanding work, including in assisting national authorities and in performing ongoing judicial activities, he voiced concern that despite all progress, obstacles remain. On that, he called on Serbia to arrest and transfer Mr. Jojić and Ms. Radeta to the Mechanism following years of requests. Pointing to the recent uptick in ethno-national tensions in the Western Balkans, including the denial of international crimes by some senior political figures, he said that such denials, by those in positions of power, impeded the region from building safe and inclusive societies. He highlighted the United Kingdom’s support to the Mechanism, including through the enforcement of sentences.
The representative of Ecuador said that “the Mechanism is a reminder of what the international community can achieve against impunity when there is steadfast commitment”. In its new form, it faces the challenge of fulfilling its residual functions, which include judicial tasks related to witness protection, sentence enforcement and possible cases of contempt. Also, Member States’s cooperation will continue to be essential to address these challenges. Underlining the importance of consolidating the legacy of the Mechanism and the ad hoc tribunals, she supported actions aimed at disseminating its judgments and proceedings and the permanent assistance it provides to national jurisdictions. Spreading the legacy of the Mechanism is also one of the most powerful tools to counteract discourses of historical revisionism and glorification of war criminals, which constitute the last resort of the ideology of genocide. She further added that it is necessary to ensure the preservation of and access to its files.
The representative of Japan, welcoming IRMCT’s “remarkable progress”, noted that it concluded its core-crimes cases in 2023 and succeeded in accounting for all fugitives indicated by the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia in May 2024. “This achievement would not have been possible without the tenacity and expertise of the fugitive-tracking team,” she said, also recognizing the cooperation of States involved. Welcoming IRMCT’s current transition from an operational court to a “truly residual institution”, she said that — while it continues to have an “indispensable” role in assisting national jurisdictions — its activities and size “should be narrowed over time commensurate with the reduction in its functions”. In that context, she welcomed the Mechanism’s leadership towards completing its residual functions and transferring its remaining activities, as well as its President’s internal restructuring initiative that combines both reducing posts and streamlining workflows.
The representative of the United States said the Mechanism continues to support the delivery of accountability for “some of the gravest crimes of the past century”. The Rwanda Tribunal has charged Ryandikayo and Mr. Sikubwabo with genocide and crimes against humanity for attacking various places of refuge, he noted, adding that no Rwandan fugitives now remain at large. Also expressing gratitude for the decades of work by the judges, attorneys and other court staff of the International Criminal Tribunal for the Former Yugoslavia, he said these are immense contributions to advancing the rule of law and the fight against impunity in the former Yugoslavia. Noting the Mechanism’s ongoing work to preserve extensive physical and digital records, he expressed support for its efforts to discharge its residual functions and reduce its organizational footprint. Expressing concern about the denial of crimes, he said all public figures must put victims at the forefront and ensure reconciliation and peacebuilding in the former Yugoslavia.
The representative of Slovenia said that, 30 years after the establishment of both Tribunals, the IRMCT is now a truly residual institution. “However, this does not mean the work is done,” he stressed, pointing to several important residual functions. These include supervising the enforcement of sentences, responding to national requests for assistance, ensuring the continued protection of victims and witnesses, monitoring cases referred to national jurisdictions and managing archives. Stressing that the efficient management of archives is “imperative for ensuring accountability before the courts”, he said that criminal proceedings require an accessible system where all evidence and documents are properly stored and managed by qualified staff. In that context, he emphasized that a centralized system for managing the archives of all UN tribunals and mechanisms “would be the most appropriate and efficient way forward”. He added that the legacy of the Mechanism and its predecessors “remains crucial” for fighting genocide denial and the glorification of war criminals.
The representative of Switzerland commended the efforts undertaken by the IRMCT to implement its mandate, in light of the milestones reached, with all the cases relating to the main crimes concluded and all the fugitives indicted by the two Tribunals accounted for. Turning to the future of the Mechanism, in its present “purely residual” phase, she took note of the Framework of Operations to complement its functions and voiced support for the efforts to optimize resources and strengthen its effectiveness. Underscoring the importance of preserving the legacy of the International Criminal Tribunals and the Mechanism, she voiced concern over the reported negationist and revisionist tendencies and the glorification of criminals. She called on States to redouble efforts to strengthen cooperation, particularly on arresting and handing over suspects. Finally, she voiced regret over the unresolved situation — despite considerable efforts undertaken by the Mechanism — of the people who have been resettled in Niger for more than two years, one of whom recently died.
The representative of the Russian Federation said that while the fifth review and regular semi-annual activity reports are voluminous, the critical question about the final and reasonable deadline for the completion or transfer of the Mechanism’s functions remains unanswered. Instead, the document contains vague references to 2052, which — in light of resolution 1966 (2010) — cannot be called “reasonable”, she stressed. The IRMCT employs 301 people, and its annual budget exceeds $65 million. In comparison, the budget of the International Court of Justice — the UN’s main judicial body — is half that. When presenting a completion strategy for the two Tribunals, it was stated that without the implementation of the completion strategy for them, they would exist until 2015. However, it is 2024, and now, 2052 is being discussed. Underscoring that “the Mechanism should have been closed long ago”, she observed that key judicial proceedings have been concluded — there are no fugitives from justice. The Mechanism continues to justify its existence through secondary tasks — including archives management or the delivery of technical assistance — however, “this does not require the Mechanism’s presence in its current form”, she emphasized.
The representative of Malta, recognizing the need for the IRMCT to continue its work on sentence enforcement, witness protection and case monitoring, emphasized that “these are essential tasks” that provide the victims of atrocity crimes “the sustained justice they deserve”. She also noted the Mechanism’s continued enforcement challenges, calling on all States who can do so to take on enforcement responsibilities. Further, States should assist the Mechanism in the context of the unresolved predicament of acquitted and released persons who were relocated to Niger. Noting that IRMCT and its predecessors have made “significant” steps in establishing the facts and historical record of atrocity crimes committed in Rwanda and the former Yugoslavia, she welcomed the Mechanism’s facilitation of the establishment of “information centres” pursuant to resolution 1966 (2010). Disseminating information is important not only for the Mechanism’s legacy, she stressed, but also because it is “a pivotal tool in countering genocide denial and associated divisive phenomena”.
https://press.un.org/en/2024/sc15724.doc.htm
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