International Judicial Monitor

Published by the International Judicial Academy, Washington, D.C., with assistance from the
American Society of International Law
Fall 2015/Winter 2016 Issue

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International Tribunal Spotlight

United Nations Mechanism for International Criminal Tribunals

By: Starkeisha Tucker, IJA Intern

The United Nations Mechanism for International Criminal Tribunals - MICT or the Mechanism for short, is young compared to other criminal tribunals the International Judicial Monitor has spotlighted. MICT was established by the United Nations Security Council on December 22, 2010,to facilitate important functions of the International Criminal Tribunal for Rwanda (ICTR) and the former Yugoslavia (ICTY) as these two tribunals wind down their affairs. It has two basic functions: "continuing the jurisdiction, rights, and obligations and essential function" of the two tribunals.

There are two branches of MICT: One which began functioning on July 1, 2012, covers the activities of the ICTR. It is located in Arusha, Tanzania (see article by Justice Richard Goldstone in this issue of the International Judicial Monitor). The Hague is the site of the second branch, which deals with affairs of the ICTY. This branch began its work on July1, 2013.

The two branches are temporary only. The Security Council anticipates that the work of both branches will be much reduced over time. It will monitor the work of the two branches every two years.

The functions of MICT will concentrate initially on certain activities regarded as "essential": the "arrest, transfer, and prosecution of nine remaining fugitives" who are wanted for trial.

The functions of MICT are divided into two distinct parts. The first part is the "ad hoc functions," and the second part is the "continuing functions." Ad hoc functions include tasking and prosecuting remaining fugitives, handling appeals, handling retrials, conducting trials for contempt of court and perjury, and review of final judgments.

Continuing functions include witness and victim protection, enforcement of sentences, assistance to national jurisdictions that request it, and managing and preserving archives of all three tribunals.

There is a roster of 25 "independent judges" to perform the tasks of MICT. There will also be a roster of qualified administrators to help with MICT administration, and a roster of defense lawyers.

Although MICT does not house convicted persons in its facilities, it does detain individuals awaiting trial.

There are three organs of MICT which constitute a Mechanism Coordinating Council: Chambers (for trials) Prosecutor, and Registrar, each of which serves a four year term. The President of the Mechanism is veteran international judge Theodore Meron of the United States. The Prosecutor is Justice Hassan B. Jallow from The Gambia. The Registrar is John Hocking.

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International Judicial Monitor
© 2016 – The International Judicial Academy
with assistance from the American Society of International Law.

Editor: James G. Apple.
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