International Criminal Tribunals
Expected Council Action
In June, the Security Council is scheduled to hold its semi-annual debate on the International Residual Mechanism for Criminal Tribunals (IRMCT). The President of the IRMCT, Judge Graciela Gatti Santana, and the Chief Prosecutor of the IRMCT, Serge Brammertz, are expected to brief during the debate and meet with the Informal Working Group on International Tribunals prior to that.
Background and Key Recent Developments
The IRMCT—with branches in The Hague, the Netherlands, and Arusha, Tanzania—focuses on completing the work of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), which closed in December 2017 and December 2015, respectively. The IRMCT was established in 2010 by resolution 1966, which said that “the Mechanism shall continue the jurisdiction, rights and obligations and essential functions of the ICTY and ICTR” and that it “should 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”.
Its tasks have included hearing the remaining trials and appeals from the ICTY and the ICTR, locating fugitives indicted by the ICTR, assisting national jurisdictions with requests related to prosecuting international crimes committed in Rwanda and the former Yugoslavia, monitoring cases referred to national courts, enforcing sentences, protecting witnesses and victims, and preserving archives.
Pursuant to resolution 1966, the IRMCT was mandated to operate for an initial period of four years and for subsequent periods of two years unless the Council decides otherwise. The Council last reviewed the work of the IRMCT in mid-2024, following which it adopted resolution 2740, which extended Brammertz’s term for another two years, among other matters. Resolution 2740—which was adopted with 14 votes in favour and Russia abstaining—also incorporated several new elements, including requests for two reports from the Secretary-General by 31 December 2025: one regarding “the administrative and budgetary aspects of the options for possible locations of the archives of the ICTR, the ICTY, and the [IRMCT]”; and another concerning options for transferring certain remaining functions of the IRMCT, including supervision of sentences and the provision of assistance to national jurisdictions. Resolution 2740 also recalled the Council’s request in resolution 2637 of 22 June 2022 for “the production of clear and focused projections of completion timelines for all the [IRMCT’s] activities” and took note of the information that the IRMCT submitted to the Informal Working Group on International Tribunals in response to this request. (For more information on resolution 2740, see our 27 June What’s in Blue story.)
Gatti Santana and Brammertz briefed at the Council’s most recent semi-annual debate on the IRMCT, held on 10 December 2024. In her briefing, Gatti Santana provided an update regarding certain aspects of the IRMCT’s remaining work, including the supervision of sentences imposed by its predecessor tribunals, archive management, and the provision of assistance to national jurisdictions. She also said that the IRMCT stands ready to provide any information and support required by the Secretary-General to prepare the reports requested by resolution 2740 and noted that the IRMCT has continued to streamline its operations, including by reducing staffing levels by approximately 60 percent, cutting its budget by more than 30 percent, and closing its Kigali field office in Rwanda.
During his briefing, Brammertz updated Council members on his office’s work assisting national authorities with pursuing accountability for crimes committed in Rwanda and the former Yugoslavia. He noted that his office received more than 400 requests for such assistance in 2024 and referred to several examples of support that it provided in specific cases. In addition, Brammertz highlighted three pending matters that “should be nearing completion”: the Kayishema case, where the accused is contesting his transfer to the custody of the IRMCT; the Kabuga case, in which the accused has been declared unfit to stand trial; and the Šešelj et al. case, which the IRMCT referred to Serbia for trial.
On 22 November 2024, the Appeals Chamber of the IRMCT delivered its judgment on review in the Ntakirutimana case. The Appeals Chamber determined that Ntakirutimana had not established that a witness who gave evidence against him during earlier proceedings had recanted that testimony and upheld his convictions that were based on that testimony.
On 7 May, the IRMCT announced that Judge Lydia Mugambe had resigned after being jailed for committing modern slavery offences.
Key Issues and Options
Continuing to monitor the work of the IRMCT and the implementation of its mandate is an ongoing issue for the Council. Members could use the closed format of the Informal Working Group on International Tribunals to have a frank discussion with Gatti Santana and Brammertz regarding the IRMCT’s completion timelines. Members could also use this format to seek the views of Gatti Santana and Brammertz regarding options for the possible transfer of certain functions of the IRMCT and possible locations for the archives. Members might also ask how the Council can assist the IRMCT in completing its remaining work.
Council Dynamics
Council members generally have a positive assessment of the IRMCT and the progress it has made, with the exception of Russia. During the semi-annual briefing on 10 December 2024, Russia strongly criticised the IRMCT and called for the transfer of its remaining functions to national authorities and UN entities. Other Council members commended the IRMCT for its work and urged member states to cooperate with the mechanism as it carries out its remaining functions.
The negotiations concerning resolution 2740, which most recently extended Brammertz’s term, were lengthy, difficult, and contentious. Russia apparently objected to many aspects of the draft text, provided comments on almost every paragraph, reiterated long-held criticisms of the IRMCT, and pushed strongly for a concrete timeframe and deadline for the transfer of the mechanism’s remaining functions. While some of Russia’s suggestions were supported by China, they were largely opposed by other Council members. (For more information on the negotiations, see our 27 June What’s in Blue story.)
| Security Council Resolutions | |
| 27 June 2024S/RES/2740 | This resolution was adopted with 14 votes in favour and Russia abstaining. Among other matters, resolution 2740 re-appointed Serge Brammertz as Chief Prosecutor of the IRMCT for another two years, until 30 June 2026. |
| Security Council Meeting Records | |
| 10 December 2024S/PV.9805 | This was the semi-annual debate on the work of the IRMCT. |
| Security Council Letters | |
| 18 November 2024S/2024/836 | This was a letter transmitting the assessments of the President and of the Prosecutor of the International Residual Mechanism for Criminal Tribunals. |
