Was a Residual Mechanism for International Criminal Tribunals Really Necessary?
Author: Acquaviva, Guido
Source: Journal of International Criminal Justice, Volume 9, Number 4, 8 September 2011 , pp. 789-796(8)
Publisher: Oxford University Press
Abstract:On 22 December 2010, the UN Security Council adopted Resolution 1966, establishing the legal basis for the establishment of the International Residual Mechanism for Criminal Tribunals (Mechanism). This body will take over the functions of both the ICTY and the ICTR as they wind down most of their judicial activities. The Mechanism is poised to play an important role in ensuring that the completion strategies of the ad hoc tribunals do not result in impunity for fugitives and in unfairness to other stakeholders. The compromise reached by UN member states also strikes an interesting balance between, on the one hand, short-term financial and policy considerations and, on the other, the requirements of due process, acknowledging that ICTY and ICTY functions cannot simply be transferred to national authorities so easily.
Document Type: Research Article
Publication date: 2011-09-08
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