The Security Council, by its Resolution 1966 (2010), established the Mechanism to carry out a number of essential functions of the International Criminal Tribunal for Rwanda and the International Tribunal for the former Yugoslavia. In accordance with its mandate, the Mechanism has assumed responsibility for, inter alia, the enforcement of sentences, administrative review, assignment of cases, review proceedings, appeal proceedings, contempt, requests for revocation of the referral of cases to national jurisdictions, the variation of witness protection measures, access to materials, disclosure, changes in classification of documents and requests for compensation and assignment of counsel. The Selected Ongoing Cases are only a few of the pending judicial proceedings, related to the above-mentioned essential functions, currently before the Mechanism. For information about all proceedings before the Mechanism, see All Mechanism Proceedings.
Selected Ongoing Cases
Jovica Stanišić was the Head of the State Security Service (“DB”) of the Ministry of Internal Affairs of the Republic of Serbia (“MUP”).
Franko Simatović was employed in the Second administration of the DB of the MUP.
Both accused were acquitted of all charges by an ICTY Trial chamber on 30 May 2013.
On 15 December 2015, the ICTY Appeals Chamber ordered that Stanišić and Simatović be retried on all counts of the indictment.
Recent developments: The testimony of the last Defence witness concluded on 8 October 2020. A total of 29 witnesses were heard in court for the Defence. The parties’ final trial briefs were filed confidentially on 12 and 13 March 2021 and the closing arguments took place on 12, 13, and 14 April 2021.
On 12 May 1992, Ratko Mladić was appointed Commander of the Main Staff of the army of the Serbian Republic of Bosnia and Herzegovina (“VRS”). He remained in command of the VRS Main Staff until at least 8 November 1996.
Sentenced by an ICTY Trial Chamber to life imprisonment on 22 November 2017.
On 18 December 2017, Ratko Mladić filed a motion seeking an extension of time to file his notice of appeal against the ICTY Trial Judgment.
On 12 September 2018, after Judge Nyambe’s election as the Presiding Judge in this case, she was designated as the Pre-Appeal Judge. On 14 November 2018, both parties filed their respective response briefs and on 29 November 2018, their respective reply briefs.
The appeal hearing in the case took place on 25 and 26 August 2020 at the Mechanism's Hague branch.
On 18 February 2021, the President assigned Judge Mustapha El Baaj to replace Judge Kam on the appeals bench in this case after his unfortunate passing.
Ndagijimana, Jean de Dieu
Munyeshuli, Dick Prudence
Fatuma, Marie Rose
On 24 August 2018, Judge Seon Ki Park confirmed an Indictment against Maximilien Turinabo, Anselme Nzabonimpa, Jean de Dieu Ndagijimana, Marie Rose Fatuma, and Dick Prudence Munyeshuli, dated 5 June 2018 and submitted by Prosecutor Serge Brammertz, for contempt of court and incitement to commit contempt, pursuant to Article 1(4)(a) of the Mechanism’s Statute (Statute) and Rule 90 of the Mechanism’s Rules of Procedure and Evidence (Rules).
On 10 October 2019, Judge Vagn Joensen confirmed an Indictment against Augustin Ngirabatware, dated 9 August 2019 and submitted by Prosecutor Serge Brammertz, for contempt of court and incitement to commit contempt, pursuant to Article 1(4)(a) of the Statute and Rule 90 of the Rules. Each of the six accused has pleaded not guilty to the respective count or counts charged against him or her.
Each of the six accused has pleaded not guilty to the respective count or counts charged against him or her. On 10 December 2019, Judge Vagn Joensen issued a decision that the Turinabo et al. and Ngirabatware contempt cases would be joined and prosecuted on the basis of the two separate Indictments.
The joined trial commenced on 22 October 2020 with the Prosecution’s opening statement. In addition, the Defence teams for Dick Prudence Munyeshuli and Augustin Ngirabatware elected to give opening statements, and Maximilien Turinabo also gave a statement in accordance with Rule 101 of the Rules. Nine Prosecution witnesses testified between 26 October and 24 November 2020.
Recent developments: On 12 February 2021, Judge Vagn Joensen issued an order scheduling Defence oral arguments for judgment of acquittal pursuant to Rule 121 of the Rules to commence on Monday, 8 March 2021. The Prosecution presents its response on 9 March 2021. The same order scheduled the Pre-Defence conference for Friday, 12 March 2021, and Monday, 15 March 2021 for Defence opening statements and the presentation of evidence.
Turinabo was, at different stages during the Ngirabatware case before the ICTR (Case No. ICTR-99-54), a Defence contact person in the Gisenyi area.
In July 1990, Ngirabatware was appointed Minister of Planning, a position he retained as part of the Interim Rwandan Government in April 1994. He was also a member of the Prefecture Committee of the National Republican Movement for Democracy and Development (“MRND”) political party in Gisenyi Prefecture, the National Committee of the MRND, and the technical committee of Nyamyumba Commune.
JEAN DE DIEU NDAGIJIMANA
Ndagijimana was a teacher and school administrator in the Gisenyi area before mid-1994, including at Kiloji and Bwitereke schools.
DICK PRUDENCE MUNYESHULI
Munyeshuli served as a defence investigator on a number of cases before the ICTR and the Mechanism. From approximately August 2015 until January 2018, he was an investigator on the defence team of Augustin Ngirabatware.
MARIE ROSE FATUMA
Fatuma is the widow of Augustin Ngirabatware’s half-brother Édouard Byukusenge, also known as “Cenge”.
Nzabonimpa was the bourgemestre of Kayove Commune, Gisenyi Prefecture, Rwanda, before mid-1994.
Recent developments: A hearing on the Pre-Trial in the case has taken place on 22nd of October 2020 in the Mechanism's Arusha Branch.
Félicien Kabuga was the President of the Comité Provisoire of the Fonds de défense nationale (“National Defence Fund”) from about 25 April 1994 to July 1994 and President of the Comité d’Initiative of Radio Television Libre des Milles Collines (“RTLM”) during the time of the crimes pleaded in the indictment.
Recent developments: Kabuga was transferred to the Mechanism’s custody on 26 October 2020. His initial appearance took place on 11 November 2020, during which a plea of not guilty was entered with respect to the charges in the indictment.
On 13 May 2019, Judge Liu Daqun found that the conditions for the referral of the case against Petar Jojić and Vjerica Radeta to the Republic of Serbia were not met and that it was in the interests of justice to revoke the existing referral order. On 24 February 2020, the Appeals Chamber of the Mechanism dismissed the appeal of the Republic of Serbia against Judge Liu’s decision and affirmed the decision.
Recent developments: International arrest warrants and orders for surrender of Petar Jojić and Vjerica Radeta are yet to be executed.
All Mechanism Proceedings
Bicamumpaka, Jérôme| Bizimungu, Casimir| Mugenzi, Justin| Mugiraneza, Prosper
Barayagwiza, Jean-Bosco| Nahimana, Fernand| Ngeze, Hassan
Bizimungu, Augustin| Ndindiliyimana, Augustin| Nzuwonemeye, Francois-Xavier| Sagahutu, Innocent
Ntakirutimana, Gérard | Ntakirutimana, Elizaphan
Kanyabashi, Joseph| Ndayambaje, Elie| Nsabimana, Sylvain| Ntahobali, Arsène Shalom| Nteziryayo, Alphonse| Nyiramasuhuko, Pauline
Fatuma, Marie Rose| Munyeshuli, Dick Prudence | Ndagijimana, Jean de Dieu| Ngirabatware, Augustin | Nzabonimpa, Anselme| Turinabo, Maximilien
Beara, Ljubiša| Borovčanin, Ljubomir| Miletić, Radivoje| Nikolić, Drago| Pandurević, Vinko| Popović, Vujadin
Ćorić, Valentin| Petković, Milivoj| Praljak, Slobodan| Prlić, Jadranko| Pušić, Berislav| Stojić, Bruno