International Residual Mechanism for Criminal Tribunals

Abstract

The article examines the legal and institutional foundations of the International Residual Mechanism for Criminal Tribunals. The analysis of the jurisdictional powers and functions of the International Residual Mechanism for Criminal Tribunals and the practice of its judicial activities is carried out. The problematic issues in the activities of the institutions of this Mechanism and the ways of their solutions have been identified. The establishment of the International Residual Mechanism for Criminal Tribunals is linked to the implementation of the UN Security Council’s concept of establishing a «small, temporary and effective organization» in the fight against international crime. The jurisdiction and functions of the International Residual Mechanism are defined both directly in UN Security Council Resolution 1966 (2010) and in its Charter, which is an integral part (annex) to this Resolution. Under the mandate, the functions of the International Residual Mechanism include final judicial proceedings in the first and appellate instances, which are inherited from the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia, including retrials, appeals, pending judgments, in the order of review and consideration of cases of contempt of court. Concentrating scholars’ efforts on the study of the legal and institutional framework of international criminal tribunals, in particular the International Residual Mechanism for Criminal Tribunals, will help to increase the effectiveness of the fight against international crimes. Key words: international court, international crimes, international residual mechanism, jurisdiction, cooperation, International Criminal Tribunal, UN Security Council, International Tribunal, Statute of the International Residual Mechanism.