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The International Residual Mechanism for Criminal tribunals: The Beginning of the end for the ICTY and ICTR

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This article identifies the significant steps that led to the adoption of Security Council Resolution 1966 (2010) establishing a Residual Mechanism for the ICTY and ICTR, and summarises the principal features of the Mechanism. It looks more closely at some of the Resolution's most important aspects, including the continuity of the Tribunals' jurisdiction, the way in which it seeks to avoid impunity for the fugitive indictees, and the commencement, transitional and duration provisions. Based on the current trials and appeals schedules of the ICTY and ICTR, the article sets out which case(s) will fall to the Residual Mechanism to conduct rather than to the Tribunals. It identifies some of the key underlying considerations taken into account in the Security Council Informal Working Group on International Tribunals (IWGIT), which negotiated Resolution 1966 (2010) over a four year period.

Affiliations: 1: Legal Officer, United Nations Office of Legal Affairs; ,, Email:; 2: Senior Legal Officer, United Nations Office of Legal Affairs;, Email:


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