Briefing Security Council, International Residual Mechanism for Criminal Tribunals Head Highlights Court’s Ongoing Judicial Duties, Streamlining, Planned Closure
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.”
Several non-Council members with a stake in the tribunals’ proceedings joined today’s discussion.
Diverging Views on IRMCT Progress, Legacy
Branislav Stojanovic, Assistant Minister for Justice of Serbia, expressed regret that the Mechanism “has yet to demonstrate meaningful progress” towards becoming a small, temporary and efficient structure. He reiterated readiness to enforce remaining sentences and highlighted the serious health condition of General Ratko Mladić, criticizing “the refusal of the Mechanism to temporarily release him for treatment for humanitarian reasons”.
The representative of Bosnia and Herzegovina emphasized that the Mechanism’s work is “as essential as ever”, warning against efforts to deny or glorify atrocities and insisting that, if the archives are located in the Western Balkans, her country “should be the only viable and acceptable option as a long-term host”.
Meanwhile, Croatia’s delegate underscored the importance of preserving the Tribunals’ records, stating that “the preservation of the extensive body of facts established by the Tribunals is essential in empowering regional stakeholders to effectively counter persistent attempts at historical revisionism”, while urging the Mechanism to prioritize tracing missing persons.
The representative of Rwanda affirmed it is fully prepared to securely host the International Criminal Tribunal for Rwanda (ICTR) and Mechanism archives, with digitized systems, guaranteed funding and purpose-built UN-standard facilities, and to coordinate with the Secretariat on transfer modalities, timelines and technical verification. Highlighting his country’s record as an enforcement State, he said it has successfully managed 8 convicts from the Special Court for Sierra Leone and 32 transferred cases in full compliance with international standards and can assume all enforcement responsibilities immediately. He also underscored challenges in international cooperation, noting that only a fraction of more than 1,000 indictments and extradition requests have been executed, obstructing justice, fuelling genocide denial and revictimizing survivors.
Council members also offered their views on the Mechanism’s future.
Calls for Closure of IRMCT amid Empty Caseload
“The report of the President, once again, leaves one with the impression that this is a permanent organ,” said the representative of the Russian Federation, adding: “The Mechanism was established as a purely temporary structure, which long ago should have already been closed.” Its ongoing existence with an inflated level of personnel and a budget of $60 million against the backdrop of “a completely empty judicial basket” and the UN80 Initiative “looks absurd”, she said, urging the Mechanism to prepare for closure.
The speaker for the United States welcomed recent proposals by the Secretary-General, President and Prosecutor, encouraging continued efforts to reduce staff and budgets, noting the high costs of maintaining operations on two continents. Washington, D.C., supports the Secretary-General’s call for a “significant reimagining” of the Mechanism’s structure and operations, urging expeditious completion while preserving the Tribunals’ legacy and advancing justice for victims and future generations.
“Empowering Member States to continue the accountability process in domestic courts will be an important part of the legacy of the Mechanism,” said Sierra Leone’s delegate, adding that Rwandan authorities are still seeking to bring to justice more than 1,000 fugitive genocidaires.
Closing the Mechanism “would enhance the credibility of the international criminal system”, Algeria’s representative said, emphasizing that the Council must support this transition “based on respect for international law, the sovereignty of States and the principle of complementarity” so that the Mechanism can conclude its work and guarantee judicial integrity.
The representative of France underscored the importance of retaining international-level authority over sentence enforcement, clemency, commutation and early release to ensure fair and uniform treatment, while the Mechanism continues to operate at a reduced scale until all judicial functions are completed — a view echoed by several others, including the United Kingdom and the Republic of Korea.
Support for Archives, Judicial Oversight, Justice Cycle Completion
Denmark’s delegate agreed with the Secretary-General that the archives are “vital tools for educational purposes, reconciliation and memory, as well as prevention efforts”. On that, the representative of Slovenia, Council President for December, spoke in his national capacity to emphasize the enduring importance of the Mechanism’s and its predecessors’ legacy in the fight against impunity.
China’s delegate expressed support for the Secretary-General’s recommendation to establish a roster of judges to perform core judicial functions, including the granting of pardons, commutations and early releases when necessary.
The representative of Greece welcomed the options proposed for concluding the justice cycle, while Panama’s delegate said his country would closely follow proposals to optimize resources, including possible archive transfers and office unification.
The speaker for Guyana reaffirmed full support for the Mechanism and unwavering commitment to fighting impunity and ensuring justice for the victims of atrocity crimes in the Former Yugoslavia and Rwanda.
Somalia’s representative reiterated his country’s support for the orderly closure of the Mechanism, looking forward to “the Council making the appropriate strategic decisions in the context of the 2026 review”. His counterpart from Pakistan observed that the success and work of the Tribunals can inform future efforts, particularly in addressing situations of prolonged illegal occupation and suppression of peoples’ right to self-determination.
Complete Live Blog coverage of today's meeting can be found here.