Legal, Political, and Administrative Considerations for Establishing a Single Residual Mechanism for Atrocity Crimes

Milena Sterio, Marie-Ève Plamondon, Melike Tokatlioglu, Joshua Smith, Tara Ohrtman

    Research output: Contribution to journalArticlepeer-review

    Abstract

    This post explores the legal, political, and administrative issues that would need to be addressed prior to the establishment of a single residual mechanism. The discussion in this post, as in Post I and Post III, is informed by a series of interviews conducted with experts in the field of international criminal law with experience in various ad hoc and hybrid international tribunals.

    As the symposium’s first post suggests, establishing a single residual mechanism is not a simple, purely administrative endeavor, especially if the goal is to consolidate all existing and future tribunals and mechanisms. Creating a single entity raises many thorny legal, political, and administrative issues with which the international community will have to wrestle with to go from a blueprint on paper to a brick-and-mortar institution. The final post in the symposium will outline three proposals for how a single residual mechanism could be structured in light of these considerations.

    Original languageAmerican English
    JournalJust Security
    StatePublished - Mar 18 2024

    Keywords

    • single residual mechanism
    • state consent
    • prosecutorial mandate
    • Security Council

    Disciplines

    • Comparative and Foreign Law
    • International Humanitarian Law
    • International Law
    • Law

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