Mechanism for International Criminal Tribunals
The International Residualmechanismus for the ad hoc criminal tribunals, English Mechanism for International Criminal Tribunals ( MICT ) and the International Residual Mechanism for Criminal Tribunals ( IRMCT ), is an international court, the substantive, territorial, temporal and personal jurisdiction and the rights, the duties and essential functions of the existing since 1993 the International Criminal Tribunal for the former Yugoslavia (ICTY ) and the 1994 founded International Criminal Tribunal for Rwanda ( ICTR) to take over. It was created on the basis of the adopted on 22 December 2010 Resolution 1966 of the UN Security Council and adopted on 1 July 2012 his work. With regard to existing international agreements of the MICT acts as the legal successor of the two ad hoc criminal tribunals, which are expected to cease operations by the end of 2014.
Jurisdiction and legal bases
The legal basis of the MICT addition of Resolution 1966, adopted together with Resolution Statute and the rules of procedure adopted on 8 June 2012 by the judges. A prosecution and conviction by the MICT is in accordance with the Statute only possible for people that have already, where appropriate, prosecuted in absentia, before one of the two ad hoc tribunals. This does not include cases of false statements or obstruction of justice before the MICT or one of its two predecessor institutions for which an indictment before the MICT is possible. As the only possible punishment on conviction by the MICT imprisonment is provided. For the sentencing should be taken into consideration to the gravity of the acts of the defendants and the individual circumstances of their respective cases, the jurisprudence of the ICTY and ICTR also previous.
Other important tasks of the MICT, as with the previous ad hoc criminal tribunals, monitoring procedures which have been transferred to the jurisdiction of the national courts of the countries or are as well as the support of the national law enforcement agencies in processes related to the procedures of the ICTY and ICTR are. In addition, the MICT is responsible for, among other activities for the protection of witnesses and victims from ICTY and ICTR proceedings, the review of convictions of the ICTR, the ICTY and the MICT in the light of new facts, the monitoring of the implementation of the measures imposed by the three institutions judgments and the management of their archives.
The two previously existing ad hoc tribunals are expected by the end of December 2014, as far as possible carry out their work to end, to cease its operations and transfer their responsibilities and were still pending at the MICT. An initial term of four years is provided from foundation for the existence of the MICT, an extension of the mandate is then possible on the basis of tests, to be held every two years from 2016.
Organization and functioning of
The MICT is divided into two sections, each of which is to continue the work of one of the two ad hoc tribunals. According to the provisions of Resolution 1966, the existing in succession to the ICTR in Arusha resident and department has been working since July 2012, while the responsibility for the continuation of the activities of the department with the ICTY in The Hague beginning in July 2013 began its work. A system consists of a separate process chamber for each department and a common Appeals Chamber for both departments. The office acts as a joint facility of both departments.
On MICT 25 judges operate, may come from the same country of which no more than two at the same time. In selecting particular take into account people who already have one of the two predecessor institutions have experience as a judge. According to the Statute, the judges should be based as far as possible not at the relevant department, but in their home country. For their work, and their due allowance accordingly, the rules for ad hoc judge shall at the International Court of Justice (ICJ ) found for the activities of the appointed by the UN Secretary General, President of the rules applicable to regular ICJ judges shall apply.
The term of office of the elected by the General Assembly of the United Nations judge is four years. Through the UN Secretary-General appointment for another term of office is possible after consultation with the President of the Security Council and the General Assembly. The assignment of judges to the individual chambers and procedures carried out by the President of the MICT, which you want the Appeals Chamber itself. The President of the MICT has also the power to decide on applications for pardon or parole.
The choice of the first judges of the MICT on 20 December 2011. First president of the American jurist Theodor Meron was appointed. As the responsible for both departments chief prosecutor acts Hassan Bubacar Jallow from Gambia, who had previously worked for Rwanda in the same capacity at the International Criminal Court.