International Residual Mechanism for Criminal Tribunals - President's Briefing to Security Council

“Justice is not a finite endeavor; it is a continuous commitment,” said Judge Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals, as the Security Council marked the approaching 30th anniversary of the 1995 Srebrenica genocide. Addressing Council members, Gatti Santana reflected on the massacre of nearly 8,000 Bosnian Muslim men and boys and the forcible displacement of tens of thousands more. “The very mention of ‘Srebrenica’ evokes forced displacement, mass execution, and enduring grief – a grief carried by the survivors, including the mothers, wives, sisters, and daughters who continue to seek justice, truth, and remembrance,” she said. Gatti Santana emphasized the ongoing role of the Mechanism in upholding international justice, particularly as it navigates complex issues of sentence enforcement. “The adjudication of applications for pardon, commutation of sentence, or early release entails considerations of fundamental importance to the justice cycle that may be jeopardized if dispersed to various national jurisdictions,” she warned. “Transferring this activity would result in unequal treatment of the Mechanism’s more than 40 convicted persons, given the significant disparities in domestic regulations.” She also cited challenges linked to state cooperation, referencing the case of Félicien Kabuga, whose trial was indefinitely stayed due to health issues. “Though his trial has been indefinitely stayed, he remains detained in the Mechanism’s Detention Unit in The Hague in the absence of a State for his provisional release,” Gatti Santana said. Chief Prosecutor Serge Brammertz updated the Council on fugitive tracking efforts in cooperation with Rwanda. “Earlier this week, we announced with the Prosecutor General of Rwanda that our joint efforts have resulted in 65 fugitive files being closed,” he said. This includes individuals who have been located, prosecuted, or determined to be deceased. “This work is already making significant progress,” he added. As the Mechanism continues to carry out its functions, Gatti Santana stressed the need to safeguard its core responsibilities, “Our work honors the loss and resilience of those who endured unimaginable suffering,” she said, “and reflects the international community’s resolve to confront impunity with principle and perseverance.”


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