The President of the International Residual Mechanism for Criminal Tribunals (Mechanism), Judge Graciela Gatti Santana, today presented the Mechanism’s twenty-fifth progress report to the United Nations Security Council (Council) in New York.
President Gatti Santana began her address by expressing profound gratitude for the support the Mechanism has received from the Council, particularly during the biennial review process that led to the renewal of the Mechanism’s mandate in June 2024.
The President informed the Council that, since her last address, the Mechanism has advanced with a clear focus. She stated that, while the Mechanism continues to have substantial work in connection with its residual mandated functions, which are unprecedented in scope, “we are delivering justice in line with our statutory obligations, are doing so efficiently, and with a completion mindset”.
By way of illustration, President Gatti Santana referred to a number of judicial activities, including the recent review hearing in the Gérard Ntakirutimana case. There, the Appeals Chamber heard all the relevant evidence and closing submissions from the parties over two working days and pronounced its judgement at the end of the same week, with Mr. Ntakirutimana’s convictions remaining unaltered. The President emphasised that this process was key to the justice cycle and ensured no miscarriage of justice had occurred, but also exemplified the institution’s dedication to completing any in-court proceedings quickly and cost-effectively.
With respect to the Mechanism’s other residual functions, including for example supervising the enforcement of sentences and providing assistance to national jurisdictions, President Gatti Santana highlighted that they continue to require time, attention, and resources. She explained that the Mechanism is, moreover, best placed to execute them in the near term, given its institutional knowledge and the need to identify viable and just solutions for transfer or completion.
The President underscored, however, that the Mechanism will require ongoing cooperation from States to address critical, unresolved challenges. These include finding a durable solution for the six acquitted or released persons in Niger, who continue to live in limbo and without the rights they were promised when they agreed to relocate there. A second challenge relates to the return of convicted persons from enforcement States to the United Nations Detention Unit in The Hague, which has resulted in the effective conversion of the Unit into a prison facility. Another issue requiring cooperation is the Jojić and Radetacase, pending for nearly a decade due to Serbia’s lack of cooperation in arresting and transferring the accused.
Turning to the Mechanism’s future planning efforts, President Gatti Santana emphasised that the Mechanism has paid very close attention to resolution 2740 (2024) and stands ready to provide any information and support required in relation to the reports that the Council has requested the Secretary-General to prepare. In the meantime, the Mechanism continues to streamline and reduce its operational requirements to more fully realise the Council’s vision of a small, temporary, and efficient institution. This is exemplified by its reductions in staffing and budgetary resources and the closure of both the Kigali Field Office and External Relations Office.
In closing, President Gatti Santana reiterated that theMechanism exists to complete the cycle of justice initiated by the Tribunals for the former Yugoslavia and Rwanda and remains resolute in its commitment to this cause. She assured the Council that: “We are prepared to conclude this work and to fulfil your promise to Rwanda and the States of the former Yugoslavia – in resolution after resolution – that justice will be done.”
Photo: Mechanism
