UN war crimes tribunals continue to address legacy cases, support national efforts

Briefing ambassadors Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals (IMRCT), highlighted key achievements, ongoing challenges and her commitment to concluding the mechanism’s mandate.

“We are delivering justice in line with our statutory obligations, are doing so efficiently and with a completion mindset,” she said.

The Mechanism was established in 2010 to conclude the unfinished business of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR).

Its mandate includes conducting trials, handling appeals, managing archives and supporting national jurisdictions with evidence and expertise. It also supervises the enforcement of sentences, and tracks and prosecutes remaining fugitives, while also ensuring witness and victim protection.

Upholding the justice cycle

Judge Gatti Santana highlighted recent successes of the IMRCT, including the review of the final conviction in the Gérard Ntakirutimana case.

Mr. Ntakirutimana was originally convicted by Trial Chamber I of ICTR in February 2003, for his role in the 1994 Genocide against the Tutsi in Rwanda and was sentenced to 25 years of imprisonment. The review was ordered after Mr. Ntakirutimana claimed he uncovered new information that a witness had recanted evidence.

The Appeals Chamber conducted an expeditious review and upheld the convictions after considering all evidence.

“This process was key to the justice cycle and ensured that no miscarriage of justice had occurred. It also exemplified the institution’s dedication to ensure that any in-court proceedings are completed quickly and cost-effectively,” Judge Gatti Santana said.

Judge Gatti Santana further highlighted that the Mechanism’s other residual functions, including supervising the enforcement of sentences and assisting national jurisdictions continue to require time, attention, and resources.

The Mechanism remains 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, she said.

Call for cooperation

However, she underscored the need for greater cooperation from States to address critical, unresolved challenges, including the case of six acquitted or released persons in Niger, which remains in a state of limbo.

Similarly, the case of Jojić and Radeta remains unresolved after nearly a decade due to Serbia’s lack of cooperation in arresting and transferring the accused.

Judge Gatti Santana also urged greater support regarding the conversion of the United Nations Detention Unit into a prison facility.

Located in a Dutch prison complex in The Hague, the Detention Unit holds four individuals – three convicted persons awaiting transfer to an enforcement State; and one detainee awaiting provisional release to a State.

Safeguarding integrity of judgements

Mechanism Prosecutor Serge Brammertz also briefed Ambassadors, detailing progress on individual cases and broader efforts to support justice. He informed ambassadors the recent rejection of Gérard Ntakirutimana’s appeal and ongoing efforts to transfer Fulgence Kayishema from South Africa to the Mechanism for trial.

He highlighted the importance of safeguarding integrity of prior judgments, especially amid allegations of interference aimed at reversing convictions, stating that “review proceedings cannot be a license for convicted persons to rewrite history and erase their crimes by fabricating evidence.”

Locating missing persons

A standout initiative is the collaboration between the Office of the Prosecutor and International Committee of the Red Cross (ICRC) to locate missing persons from the Yugoslav conflicts of the 1990s.

This joint project has provided evidence and audiovisual material on over 12,000 missing persons, underscoring the humanitarian imperative of resolving these cases.

The Office also supports national authorities in Rwanda and the former Yugoslavia, where many fugitives and suspects remain unaccounted for. More than 400 requests for assistance were received in 2024, Mr. Brammertz said.

“It is clear that today, Member States need our help as much as ever before,” he added.