Nine countries have rejected Russia’s claim that the International Residual Mechanism for Criminal Tribunals (IRMCT) ceased to exist on July 1, arguing that it continues to operate in full accordance with its statute and the relevant United Nations Security Council resolutions.
In a joint letter dated July 28 addressed to UN Secretary-General António Guterres and the President of the UN Security Council, the permanent representatives of Bahrain, Colombia, Denmark, France, Greece, Latvia, Panama, the United Kingdom, and the United States dismissed Russia’s letters of July 2 and July 21, which claimed that the Mechanism had terminated its mandate on July 1.
“The analysis contained in those letters and the conclusions reached are incorrect,” the nine countries stated.
The signatories referred to paragraph 17 of UN Security Council Resolution 1966 (2010), which establishes that the Mechanism continues to operate in successive two-year periods following each review by the Security Council, unless the Council explicitly decides otherwise.
According to the letter, the Security Council and its members spent months reviewing the Mechanism’s work through an established evaluation process based on the necessary documentation and in line with previous practice.
“The absence of a consensus outcome from that review process does not alter the fact that the review was conducted,” the letter states.
The countries also stressed that, while it was regrettable that the Security Council failed to adopt a new resolution, such a resolution is not a legal requirement for the Mechanism to continue operating under Resolution 1966.
“The Council has not taken a positive decision to terminate the Mechanism and, therefore, it continues to function in accordance with its statute and the Security Council resolutions currently in force,” the letter emphasizes.
The letter notes that this interpretation is shared by the UN Secretariat, as clarified in a communication from Secretary-General António Guterres to the Security Council President on July 1, 2026.
In that communication, Guterres also informed the Council of the reappointment of the Mechanism’s judges and the reappointment of Judge Graciela Gatti Santana as its President.
The nine countries further highlighted that the Security Council remains responsible for taking key decisions this year aimed at achieving significant financial savings and advancing institutional reforms.
These include the closure of the Mechanism’s two principal branches, the transfer of its archives, and the transition or conclusion of several remaining functions.
The signatories concluded by reaffirming their readiness to participate in consultations to implement meaningful and responsible reforms while preserving the important legacy of international criminal justice established by the Mechanism and its predecessor tribunals.
