The President of the International Residual Mechanism for Criminal Tribunals (Mechanism), Judge Graciela Gatti Santana, today presented the Mechanism’s twelfth Annual Report to the United Nations (UN) General Assembly in New York.
At the outset, President Gatti Santana congratulated His Excellency Mr. Philémon Yang of the Republic of Cameroon on his election as President of the 79th session of the General Assembly, noting that His Excellency’s dedication to promoting peace and safeguarding human dignity is in harmony with the wider mandate of the Mechanism.
President Gatti Santana then recalled that the Mechanism and its predecessor tribunals — which today serve as the “cornerstone for accountability for international crimes”— have provided authoritative interpretations and applications of the Genocide Convention and international humanitarian law. She highlighted that the Mechanism has successfully completed all core crimes cases under its jurisdiction, with no indicted individuals remaining at large, and that this could not have been accomplished without the steadfast backing of the General Assembly throughout.
The President emphasised that, while the Mechanism has achieved significant milestones, the justice cycle is long, and the institution remains mandated by the UN Security Council to fulfil crucial residual functions. These include protecting and supporting victims and witnesses, supervising the sentences of convicted persons, maintaining the archives, and providing assistance to national jurisdictions. In particular, the President highlighted the importance of managing the archives of the ad hoc tribunals and the Mechanism, which are a “living repository of information and history” that plays a key role in combating genocide denial and divisive ideologies. These archives, which are accessible to all through the Mechanism’s public online databases, are vital tools for promoting international justice and accountability.
Turning to the Mechanism’s ongoing judicial workload, President Gatti Santana explained that the conclusion of active core crimes trials and appeals has not ended its judicial responsibilities. While Félicien Kabuga’s trial was indefinitely stayed in 2023 due to his unfitness for trial, the Trial Chamber is actively monitoring his health, seeking to recover funds expended for his defence, and assessing his potential release. Moreover, in the case of Gérard Ntakirutimana, the Appeals Chamber has scheduled a review hearing for November at the Mechanism’s Arusha branch, noting that the proceedings are limited in scope and expected to conclude quickly. President Gatti Santana emphasised that while review of a final judgement is rare, it is a fundamental right under international law. She also observed that Mechanism Judges continue to adjudicate numerous requests for access to confidential information and modification of witness protective measures and are seized of contempt-related matters.
Next, President Gatti Santana took the opportunity to thank Member States for their vital support, particularly in the area of sentence enforcement. She credited State cooperation with being key to the Mechanism’s continued success and remarked that such cooperation is essential to finding a durable solution for the six individuals who have been released or acquitted and remain in the Republic of Niger.
Moving to the Mechanism’s ongoing efforts to downsize and streamline operations, President Gatti Santana observed that its operational footprint has been significantly reduced in recent years, with staffing down by 60% and the budget cut by over 30% since 2020. She elaborated on the steps taken to further decrease its resourcing requirements, stating that “we learn from past practice, adapt, and reduce in ways that allow essential work to continue at lower costs”. However, the President cautioned that there are “limits to optimisation” and reiterated the need for sufficient resources and time to allow the Mechanism to fulfil its mandated residual functions.
In closing, President Gatti Santana reflected on the path ahead for the Mechanism, reaffirming its commitment to delivering results while responsibly concluding its mandate and stating that: “With your support, we will show the world’s people that we, the United Nations, fulfil our promises and demonstrate that justice, even at the end, will be done”..
