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

Document Type

Blog Posting

Publication Date

3-18-2024

Publication Title

Just Security

Keywords

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

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.

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