International Residual Mechanism for Criminal Tribunals Is Delivering Justice ‘Efficiently, with a Completion Mindset’, Judge Tells Security Council

International Residual Mechanism for Criminal Tribunals Is Delivering Justice 'Efficiently, with a Completion Mindset', Judge Tells Security Council

Though Work of Criminal Tribunals for Rwanda, Former Yugoslavia 'Is Nearing an End, Accountability Process Is Not", Says Chief Prosecutor

As the International Residual Mechanism for Criminal Tribunals (IRMCT) completes its work, Member States must cooperate with the international court and each other to ensure the completion of the "cycle of justice" for the victims and survivors of war crimes and other atrocities committed in Rwanda and the former Yugoslavia, speakers heard today as the Security Council received briefings from the Mechanism's top officials.

Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals, presenting its twenty-fifth progress report, said IRMCT is "delivering justice […] efficiently and with a completion mindset" and detailed its judicial activity in that regard.

"The responsible conclusion of our mandate requires ongoing cooperation from States to address critical, unresolved challenges," she underscored. On the matter involving six acquitted or released persons in Niger, she urged State intervention - either to assist in normalizing their situation in Niger or to facilitate relocation. The conversion of the UN Detention Unit into a prison facility, due to certain States' inability to continue enforcing sentences, is straining the Mechanism's limited resources, she said, calling on "additional States to come forward to enforce those sentences". Moreover, the case against Petar Jojić and Vjerica Radeta has been pending for nearly a decade due to Serbia's lack of cooperation in arresting and transferring the accused - "a most unfortunate matter that has been brought to the Council's attention on many occasions", she said.

She further detailed the Mechanism's remaining residual activities, including supervising the enforcement of sentences; providing vital assistance to domestic jurisdictions in closing the impunity gap; and preserving, managing and facilitating access to archives of the ad hoc Tribunals and the Mechanism. Noting the Mechanism's streamlining efforts, she reported that between January 2020 and the end of 2024, it will have reduced its staffing levels by approximately 60 per cent and cut its budget by over 30 per cent. She also noted the successful closure of the Kigali Field Office, which ceased operations at the end of August, and the closure of the External Relations Office during the reporting period.

"We are prepared to conclude this work and to fulfil your promise to Rwanda and the States of the former Yugoslavia - in resolution after resolution - that justice will be done," she said. The Mechanism is equally prepared to facilitate the responsible transfer of its functions in due course, she added, affirming its unwavering commitment to completing the cycle of justice initiated by the Tribunals for the former Yugoslavia and Rwanda.

Also briefing the Council was Serge Brammertz, IRMCT's Chief Prosecutor, who underscored: "While the work of the ICTR [International Criminal Tribunal for Rwanda] and ICTY [International Criminal Tribunal for the former Yugoslavia] is nearing an end, the accountability process is not." Stressing that "the responsibility for achieving more justice now is fully in the hands of Member States", he said his Office is now focused on supporting Member States as they continue the accountability process in their national courts. While his Office's primary partners are prosecutors in Rwanda and the countries of the former Yugoslavia, it is also working with other Member States who are investigating and prosecuting these crimes, including nearly a third of the current Council members, namely, France, the United Kingdom, the United States and Switzerland.

Detailing the review proceedings in the case of Gérard Ntakirutimana, who was convicted for genocide and crimes against humanity and sentenced to 25 years of imprisonment, and whose sentence remains unchanged, he stressed: "Review proceedings cannot be a licence for convicted persons to rewrite history and erase their crimes by fabricating evidence." Regarding ongoing litigation nearing completion, he said concluding the matter related to Fulgence Kayishema depends on South Africa fulfilling its international obligations to hand Mr. Kayishema over to the Mechanism. Conversely, returning Félicien Kabuga, who remains detained by the Mechanism in The Hague, to Rwanda would allow that matter to be concluded. It can be expected that the transfer of the case against Vojislav Šešelj to Serbia will be completed in the near future so that he can be brought to trial there, he added.

Citing "an important milestone" in his Office's efforts to support the search for missing persons, he reported that 30,000 of the estimated 42,000 missing have been found and identified. His Office finished its last searches for missing persons' names, as requested by the International Committee of the Red Cross, "bringing our contribution to the joint project to a timely completion". This joint project should "serve as a model for how investigators and prosecutors, even after their cases are done, can leverage the evidence they gathered to provide ongoing support for the search for missing persons", he underscored.

In the ensuing debate, Member States were near unanimous in reiterating their support for the Mechanism and echoed the President and Chief Prosecutor's calls for States' cooperation to advance accountability for atrocities committed in Rwanda and the former Yugoslavia.

"The legacy of the Mechanism and the legacy of its predecessors - the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia - will remain," said Slovenia's delegate, noting that they "gave a voice to thousands of victims, survivors and witnesses, who showed immense courage in contributing to the justice process". As there are still thousands of open cases before national courts, the Mechanism's assistance to the national jurisdictions "needs to remain a priority" - an appeal also made by Japan's representative.

Several delegations voiced concern about lack of cooperation by States and echoed that call to cooperate with each other and with the Mechanism. The representatives of Sierra Leone and Mozambique pointed to the unresolved situation of acquitted and convicted persons who have completed serving their sentences in Niger. The former welcomed the Mechanism's renewed diplomatic strategy and efforts to further leverage partnerships with the UN system to find long-term solutions to that issue and other challenges.

Speakers, including Malta's representative, also voiced concern that the arrest and transfer of the accused in the Jojić and Radeta case is still pending. Guyana's delegate encouraged States to cooperate and render all necessary assistance to the Mechanism in accordance with their obligations under Council resolution 2637 (2022). The United Kingdom's delegate called directly on Serbia to engage constructively with the Mechanism to ensure the arrest and transfer of Mr. Jojić and Ms. Vjerica Radeta to the international court.

The representative of the United States, Council President for December, speaking in his national capacity, said that the Mechanism must continue to monitor the case of Mr. Kabuga, whose health has made a trial impossible, as well as address the appeal in the Ntakirutimana case and proceedings related to the transfer of Mr. Kayishema. He also called on all leaders to reject nationalist rhetoric and the distortion of historical facts, including genocide denial, to move into the future and create the foundation for peaceful, stable societies.

Speakers welcomed the Mechanism's streamlining efforts, with France's representative also commending its framework of operations to complete functions, which stipulates completion dates for each of its functions.

That document together with the reports of the Secretary-General to be prepared by the end of 2025 will guide the Security Council in its decision on the final completion of the Mechanism and on the transfer of the remaining residual functions. Ecuador's delegate emphasized that the orderly and efficient drawdown of the Mechanism's operations hinges on the cooperation of States, including in the extradition of fugitives.

Algeria's delegate pointed out that the Mechanism must not be expected to perform long-term tasks such as the supervising of sentences and the lifelong protection of victims and witnesses, among others. China's delegate, adding to that, said the Mechanism should engage with interested States as soon as possible for the early transfer of functions such as supervising the enforcement of sentences. However, the Republic of Korea's delegate called for the core functions, such as sentence supervision and record preservation, to be sustained until the Mechanism completes its mandate.

A few delegations criticized the Mechanism, with the Russian Federation's representative noting that the biannual reports of the President and Prosecutor of the Mechanism are voluminous but lack substance. Moreover, even though the financial and staffing reductions outlined in the latest report are steps in the right direction, they are insufficient at this stage, she continued, stressing that the Mechanism's continued existence in its current form and with a budget of over $60 million is "absurd".

In a similar vein, Maja Popović, Minister for Justice of Serbia, stressed: "With the conclusion of proceedings in core crime cases, there is no longer any justification to extend the Mechanism's work beyond what is absolutely necessary." Disputing the Mechanism's statements about her country, she said that its handling of the Jojić and Radeta case does not constitute a violation of its international obligations and is "an effort to act in accordance with Security Council resolutions 1966 (2010) and 2740 (2024)". She appealed to the Mechanism to transfer the case in the same manner as it did in the case of Šešelj and others. Pointing to "a policy of impunity for crimes committed against Serbs", she also urged the Prosecutor to provide more objective information to the Council in future reports regarding the status of specific cases in her country and to refrain from interfering in the internal matters of States.

Countering that, Bosnia and Herzegovina's representative pointed to some countries' "far from stellar" track record for war crimes prosecution, adding that "[Novak] Djukic, [Mirko] Vrucinic and [Milomir] Savcic are just a few who enjoy absolute freedom in Serbia". Pointing to the "denial of crimes, revisionism and glorification of war criminals", he expressed doubt about Serbia's intent to prosecute those on its territory suspected of committing the most serious international crimes. His country remains determined not only to deliver much-deserved truth and justice for crimes committed in Bosnia and Herzegovina but to preserve it as well, he said, stressing that "this is why the issue of archives remains as important as any".

Croatia's representative, on that note, highlighted his country's cooperation with Bosnia and Herzegovina in the prosecution of war crimes, while pointing to Serbia's insufficient cooperation in the tracing of missing persons and mortal remains. He urged the Mechanism to prioritize its support for the issue during its remaining short mandate. Rebuking "Serbia and its lonely Council supporter" for its crimes committed in the region in the 1990s, he stressed that glorification of war crimes and the denial of crimes are "unacceptable", and so, for that reason, his delegation co-sponsored as well as voted in favour of the adoption of the General Assembly's resolution on the International Day of Reflection and Commemoration of the 1995 Genocide in Srebrenica.

Rwanda's representative, noting that sustained cooperation is critical to transferring the valuable expertise, tools and institutional knowledge developed over the years, once again called for the relocation of the Tribunals' archives to his country as they are pivotal to its post-genocide history. Kigali is fully prepared to provide the necessary resources for their secure and effective management, ensuring minimal to no cost implications for the United Nations. Stressing that fugitives and their networks have collaborated with certain Western media outlets to distort the facts surrounding the 1994 genocide against the Tutsi and the court's rulings, he urged the Council to condemn genocide denial in the strongest terms.

The future of the archives is a central issue that will need to be examined in depth, emphasized Switzerland's representative earlier in the meeting, stressing that "preserving, managing and making accessible archives to guarantee the collective memory of atrocities is an important pillar of prevention".

NEW - Follow real-time meetings coverage on our LIVE blog.