On The International Residual Mechanism For Criminal Tribunals

At the International Criminal Tribunal for the former Yugoslavia and theInternational Criminal Tribunal for Rwanda established nearly20years, theUnited Nations Security Council issued resolution1966:" Acting under ChapterVII of the Charter of the United Nations, Decides to establish the InternationalResidual Mechanism for Criminal Tribunals (“the Mechanism”) with twobranches, which shall commence functioning on1July2012(branch for theICTR) and1July2013(branch for the ICTY), The establishment of theMechanism received extensive support from the international community, onthe one hand, the establishment of the mechanism meet the demands of theinternational community in the pursuit of justice, on the other hand, theestablishment of the mechanism deal with the difficulty of the lacking of fundsof the International Criminal Tribunal for the former Yugoslavia and theInternational Criminal Tribunal for Rwanda. At the same time, founded themechanism also has the ground breaking historical significance, it notonly strengthened the people belief to combat impunity for those responsiblefor serious violations of international humanitarian law and the necessity that allpersons indicted by the ICTY and ICTR are brought to justice, but also added anew chapter for the development of international criminal law. However, themechanism is also questioned about the necessity and legitimacy. So howshould we think about this phenomenon, with these questions the author tries touncover the veil of the Mechanism.In this paper, the comparative research method and the historical researchmethod are adopted to intent to display the three-dimensional of themechanism. The main content includes five parts: the first part introducesthe background and the process of the establishment of the mechanism,; thesecond part introduces the structure and functions of the the mechanism; thethird part discusses the operation of the mechanism; the fourth part probe into the necessity and legitimacy of the mechanism; the fifth part analyze thepositive effect the mechanism may have on other international criminal court.The first three parts is more factual description, trying to show the true stateof the mechanism, make readers know the mechanism exactly is a what kind ofinstitutions. The last two parts is more critical thinking, to have anobjective evaluation of the mechanism, what are the historical significance toenable readers to understand why there is such a mechanism.