International Criminal Tribunals
Expected Council Action
In December, 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 voting 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 2024 What’s in Blue story.)
Gatti Santana and Brammertz briefed at the Council’s most recent semi-annual debate on the IRMCT, which was held on 11 June. In her briefing, Gatti Santana updated Council members on the IRMCT’s remaining work, noting that IRMCT judges issued nearly 100 decisions and orders during the previous six months, thirty of which related to access to confidential information and requests for the variation of protective measures for witnesses. She also underscored the importance of state cooperation for the IRMCT’s work and highlighted the situation of six acquitted persons currently in Niger and awaiting relocation to other states. Regarding the transfer of some of the IRMCT’s remaining functions, she argued that although certain administrative functions could be transferred to states, some of the IRMCT’s judicial tasks should remain at the international level.
During his briefing, Brammertz provided an update on the cases against Félicien Kabuga and Fulgence Kayishema. Kabuga has been declared unfit to stand trial and remains in the custody of the IRMCT, while Kayishema is still in South Africa more than two years after his arrest, despite an IRMCT order directing him to be transferred to its custody. Brammertz urged South Africa to immediately execute the arrest warrant for Kayishema, who has been accused of orchestrating the killings of more than 2,000 Tutsis during the Rwandan genocide. Brammertz also highlighted his office’s work assisting national authorities with pursuing accountability for crimes committed in Rwanda and the former Yugoslavia.
On 29 July, the IRMCT denied Ratko Mladić’s latest application for release on humanitarian grounds.
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 positive reviews regarding the IRMCT and the progress it has made, with the exception of Russia. During the 11 June open briefing, Russia strongly criticised the IRMCT and called for its closure to free up resources, citing the UN’s liquidity crisis. Other Council members expressed support for the IRMCT and 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 2024 What’s in Blue story.)
| Security Council Resolutions | |
| 27 June 2024S/RES/2740 | This resolution re-appointed Serge Brammertz as Chief Prosecutor of the IRMCT for another two years, until 30 June 2026, among other matters. |
| .Security Council Meeting Records | |
| 11 June 2025S/PV.9934 | This is a meeting record of the semi-annual debate on the work of the IRMCT held on 11 June 2025. |
