| The Security Council of the United Nations adopted its resolution1966(2010)on22December2010, decides to establish the International Residual Mechanism forCriminal Tribunals (“the Mechanism”) with two branches, one branch coversfunctions inherited from the ICTR and is located in Arusha, Tanzania, it commencedfunctioning on July2012, the other branch will be located in Hague and will take onfunctions derived from the ICTY on1July2013(“commencement dates”), to fulfillthe residual functions of the two international criminal tribunals and adopt the Statuteof the Mechanism and Transitional Arrangements in its Annex Ⅰ and Ⅱ. Theinternational community were united in their opinion that, on the one hand, theclosure of the Tribunals can not lead to the impunity for the persons responsible forserious violations of international humanitarian law, there still have some functionsmust to be carry out, on the other hand, in view of the substantially reduced of theresidual functions, we should establish a new small, temporary and efficientmechanism to fulfill these functions. The Residual Mechanism just meets these tworequirements and the international community has so much expectations of this newsystem.The main contents of this thesis includes three parts, the establishment of theMechanism (the process and the necessity of its establishment), the content of theMechanism (the main features, the residual functions and its TransitionalArrangements), and the evaluation of the Mechanism (the significance, the doubts andits anticipatory), the readers can have a thorough understanding of the Mechanismaccording to the former two part, in the third part, we have a objective evaluation ofthe Mechanism and think the Mechanism has great importance to the internationalcriminal justice, but also has some problems are worth to consider. Finally, we drawthe conclusion that it is necessary to establish the Mechanism as well as the inevitablechoice for the Security Council. |
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