Monthly archive June, 2017

Was the Residual Mechanism’s creation falling squarely within the Chapter VII power of the Security Council?

1. Introduction On 22 December 2010, more than fifteen years after the establishment of the ad hoc tribunals for the former Yugoslavia and Rwanda (ICTY and ICTR, respectively), the Security Council (SC) adopted under Chapter VII of the UN Charter the Statute of the International Residual Mechanism for Criminal Tribunals (Residual Mechanism Statute). SC Resolution...

Of efficiency and fairness in the administration of international justice: Can the Residual Mechanism provide adequately reasoned judgments?

1. The issue This paper discusses some of the structural and procedural innovations that the Security Council introduced in the Statute of the International Residual Mechanism for Criminal Tribunals (Mechanism)[1] and reflects on how some of these developments impact on the exercise of the Mechanism’s judicial function. These innovations constitute a unicum in the field...

Fairness before the Mechanism for the International Criminal Tribunals

1. Introduction The UN Security Council established the Mechanism for the International Criminal Tribunals (MICT) in 2010, to ‘continue the jurisdiction, rights and obligations and essential functions of the ICTY and the ICTR’.[1] The MICT is comprised of two branches – one for the International Criminal Tribunal for Rwanda (ICTR), which commenced its operations on...

The advent of the Residual Mechanism for Criminal Tribunals and the future of (ad hoc) international criminal justice: Questions of legality, efficiency, and fairness

Introduced by Maurizio Arcari and Micaela Frulli   The fate of the two ad hoc criminal Tribunals for the Former Yugoslavia (ICTY) and for Rwanda (ICTR), established in 1993 and 1994 by the UN Security Council (SC), represents one of the most sensitive cases for international criminal justice since the beginning of the present century....