Briefing Security Council, International Residual Mechanism for Criminal Tribunals Head Highlights Court’s Ongoing Judicial Duties, Streamlining, Planned Closure

(Note: Owing to the financial liquidity crisis affecting the Organization and its ensuing constraints, complete coverage of today's Security Council meeting will be available on Thursday, 11 December.)

The Security Council today debated the future of the United Nations residual war-crimes court, established in 2010 to complete the remaining work of the Rwanda and former Yugoslavia tribunals after their closure in 2015 and 2017, including proposals to transfer certain technical functions - such as archives management and support for national prosecutions - to the UN Secretariat.

Presenting a biannual report ahead of a 2026 review, Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals (IRMCT), said that the organ continues to protect some 3,200 victims and witnesses, ensure due process and enforcement of sentences for 40 convicted persons, support national prosecutions and preserve the Tribunals' legacy through management of their archives.

"Today, the Mechanism's mandate still carries real responsibilities to real people," she said, noting that it is focused on responsibly concluding the justice cycle, issuing 26 enforcement decisions and referring its final contempt case to the United States, among its achievements.

The Secretary-General's reports outline options for transferring some of the IRMCT's technical functions - such as archives management and assistance to national prosecutions - to the UN Secretariat, a move the Mechanism supports as it would reduce its workload and costs. Day-to-day supervision of imprisonment could also shift to States, although this is not yet possible for the two convicted persons still held in The Hague.

However, core judicial functions - such as decisions on prisoner transfers, pardons, commutations and early release - must remain at the international level to avoid inconsistent or arbitrary treatment. The President also stressed the need to retain international judicial oversight of witness protection and due process, noting that these relatively low-cost but essential functions safeguard the rights of 3,200 protected witnesses and uphold the credibility and legacy of international justice.

IRMCT is proactively streamlining its work while awaiting the Council's decision on its future, including rule changes to avoid resource-intensive proceedings and a 2026 budget that reduces staffing and resources by 20 per cent and 15 per cent respectively, without diminishing core functions. "This amounts roughly to a 70 per cent reduction in staffing and a 50 per cent reduction in budget over the past six years," she added.

It is also working with UN Human Resources to prepare for multiple future scenarios ahead of next year's review. "Our legacy, as well as the Council's, requires that transfer and closure do not undermine the more than three decades of groundbreaking advancements in human rights and international criminal justice," she concluded.

Prosecutor Says Fugitive Mandate Completed, Urges National Prosecutions

Serge Brammertz, Chief Prosecutor of the International Residual Mechanism for Criminal Tribunals, said that a key rationale for establishing IRMCT was to address the remaining fugitives from the International Criminal Tribunals for Rwanda and the Former Yugoslavia. Recalling that all fugitives from the latter and five from the former had been arrested when he assumed the role of Prosecutor in 2016, he said that the goal of locating the remaining eight fugitives was achieved with the arrests of Félicien Kabuga in 2020 and Fulgence Kayishema in 2023. "And so here we are today," he said, noting that all fugitives from both Tribunals have been accounted for and that all international trials of fugitives have been concluded. "What seemed nearly impossible in 2010 has been fully achieved," he said.

He then turned to the Mechanism's other vital task - supporting the national accountability process - which was only "at the beginning" in 2010. He recalled that, in response to the Council's expansion of the Mechanism's mandate to include responding to requests for assistance from national authorities, his office significantly expanded the amount of evidence it shared with national prosecutors. It also prepared investigative dossiers concerning notable suspects IRMCT investigated but did not indict and began working directly with partners on active cases, and this work complemented domestic initiatives. Comparing the situation in 2010 with that of today, he said: "As international justice was winding down, national justice took its place and continued achieving accountability, as the Council intended."

On the assistance role of IRMCT, he said that national investigations and prosecutions will remain at a high level for years to come. Partners will need access to the Mechanism's evidence, expertise and support to meet their responsibilities, and he therefore urged that its mandate be transferred to the Secretariat "so that the UN can continue to provide invaluable technical assistance to Member States". He also said that the transfer of archives to an appropriate body for long-term management is "sensible at this point in time". He also said that the transfer of responsibilities to Member States should continue "wherever possible". He concluded: "Looking forward, the future of accountability is now at the domestic level."

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