International Residual Mechanism for Criminal Tribunals based in The Hague

By Otto Spijkers 

It has just been announced that the International Residual Mechanism for Criminal Tribunals shall be located in my hometown, The Hague, self-acclaimed city of peace and justice. This Mechanism will deal with the remaining cases of the ICTY and ICTR, once these Tribunals end their operations and basically cease to exist. As far as I am aware, it is not yet clear where exactly this new organization will be housed.

Task

The Residual Mechanism will commence its tasks on the first of July, 2012 (for Rwanda-cases) and 2013 (for Yugoslavia-cases). According to the UN Security Council, the Mechanism’s main task will be to bring to trial, after the closure of the Tribunals (ICTY and ICTR), the fugitives who are ‘among the most senior leaders suspected of being most responsible for crimes.’ Fugitives are individuals who have already been indicted by the Tribunals, but have so far escaped prosecution. Ratko Mladic comes to mind, but he is not the only one. Goran Hadžic is the lesser known fugitive.

Suitable Accommodation 

The Council described the Mechanism as 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.’ When thinking of suitable accommodation, one would think of a house which is equally capable of diminishing in size as time progresses. I am not sure such houses exist at the present moment.

Duty of All States to Cooperate 

Because the Mechanism, which has a Chapter VII mandate, is the legal successor of the Tribunals, all States have an obligation to ‘render all necessary assistance to the […] Mechanism, as appropriate, in particular to achieve the arrest and surrender of all remaining fugitives as soon as possible.’

More Information 

No special website has been established yet for this new mechanism. For more information about the International Residual Mechanism for Criminal Tribunals and its mandate, see the Security Council resolution and the Statute of the International Residual Mechanism for Criminal Tribunals attached to it (the relevant resolution is S/RES/1966(2010)).

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