“Justice is more than just a judgment” An interview with the President of the United Nations International Residual Mechanism for Criminal Tribunals, Judge Graciela Gatti Santana – EJIL: Talk!

Report on the International Residual Mechanism for Criminal Tribunals (IRMCT) and its Alignment with Sustainable Development Goals

Introduction: An Interview with President Graciela Gatti Santana

This report is based on a March 19, 2025, interview with Judge Graciela Gatti Santana, President of the United Nations International Residual Mechanism for Criminal Tribunals (IRMCT). The report analyzes the functions, challenges, and future of the IRMCT, with a significant emphasis on its contributions to the United Nations Sustainable Development Goals (SDGs), particularly SDG 16 (Peace, Justice and Strong Institutions), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities), and SDG 4 (Quality Education).

Upholding SDG 16: Peace, Justice, and Strong Institutions

The Mandate and Transition of the IRMCT

The IRMCT was established by the UN Security Council to continue the essential work of the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the Former Yugoslavia (ICTY). This mandate is a direct implementation of SDG 16, which aims to build effective, accountable, and inclusive institutions at all levels. With the conclusion of its final core crimes cases in 2023, the IRMCT has transitioned into a fully residual institution. Its ongoing functions are critical for sustaining peace and ensuring the rule of law.

• Protection of witnesses.
• Supervision and enforcement of sentences.
• Management of archives.
• Adjudicating requests for access to confidential information for use in domestic prosecutions.

Core Judicial Contributions to Justice and Accountability

President Gatti Santana’s career at the IRMCT has involved landmark cases that underscore the international community’s commitment to ending impunity, a key target of SDG 16. These proceedings have established a factual and legal record of atrocities, providing a measure of justice for victims.

1. The trial of Félicien Kabuga, an alleged financier of the Rwandan genocide.
2. The appeals judgment that increased Radovan Karadžić’s sentence to life imprisonment for genocide, war crimes, and crimes against humanity.
3. The appeals judgment in the Štanišić and Simatović case, which expanded the liability of two key allies of Slobodan Milošević for crimes committed as part of a joint criminal enterprise.

Challenges to Institutional Integrity and the Rule of Law

The IRMCT faces challenges that test the resilience of international justice institutions. The downsizing process, which saw a 50% staff decrease between 2023 and 2025, creates uncertainty but has not diminished the staff’s commitment to the institution’s legacy. A significant challenge to the institution’s integrity arose from the case of former IRMCT judge Lydia Mugambe, who was convicted of modern slavery offences in the United Kingdom. This case represents a grave violation of human rights and the principles of SDG 8 (Decent Work and Economic Growth), specifically Target 8.7 on ending modern slavery. President Gatti Santana affirmed that all necessary steps would be taken to protect the integrity of the tribunal.

The Imperative of State Cooperation for Effective Justice

The successful enforcement of sentences relies heavily on the cooperation of States, a principle enshrined in SDG 17 (Partnerships for the Goals). President Gatti Santana noted, “what’s the point in having a judgment if you cannot enforce it?” She emphasized gratitude for enforcement States while acknowledging the political complexities that currently prevent the establishment of a centralized international detention facility.

Advancing SDG 5 and SDG 10: Gender Equality and Reduced Inequalities

Promoting Gender Equality in International Justice

As the IRMCT’s first female President, Judge Gatti Santana is a vocal advocate for gender equality, a core component of SDG 5. She stressed the importance of equal representation for the legitimacy of international justice, stating, “it’s proven that when you have different perspectives you get better decisions.” She noted that of the IRMCT’s 25 judges, only eight are women, highlighting that while progress has been made, achieving the goal of gender balance requires continued effort.

Ensuring Geographical Representation and Diverse Perspectives

President Gatti Santana’s perspective as a judge from Uruguay, a country not directly involved in the conflicts adjudicated by the IRMCT, contributes to reducing inequalities in global governance, as outlined in SDG 10. She believes an outsider’s perspective is crucial for a body that represents the entire international community. “It’s international because it represents the whole international community; not just Europe, not just Africa. It’s for all of us.” This approach strengthens the universality and legitimacy of international law.

Leveraging SDG 4: Quality Education to Preserve Legacy and Combat Revisionism

The Role of Archives in Fostering Peace and Truth

The IRMCT’s archives are described by President Gatti Santana as “the most important inheritance for the future.” This vast repository of evidence and jurisprudence is a vital tool for achieving SDG 4, particularly Target 4.7, which promotes education for a culture of peace and non-violence. The archives serve as an irrefutable record against rising waves of genocide denial and historical revisionism in Rwanda and the former Yugoslavia. “Every single fact was proven beyond reasonable doubt. And that’s so important for the future,” she stated.

Educational Outreach and Community Engagement

To make its work accessible, the IRMCT runs initiatives like the Mechanism Information Programme for Affected Communities, funded by the European Union. This program directly supports SDG 4 by educating communities on how to access and use the archives to understand the judicially established facts. President Gatti Santana emphasized the importance of this work: “if you don’t know what really happened, you can believe whatever you want or whatever somebody else wants you to believe.”

Conclusion: The Enduring Role of International Justice in Sustainable Development

President Gatti Santana maintains that international justice, while imperfect, is the best available solution and a “pre-condition for reconciliation.” The work of the IRMCT is more than delivering judgments; it is a long-term process integral to building sustainable peace. By holding perpetrators accountable, establishing historical truth, promoting gender equality, and educating future generations, the IRMCT makes a profound and lasting contribution to the Sustainable Development Goals. Protecting the legacy of the IRMCT and its predecessors is essential for ensuring that the lessons of the past inform a more just and peaceful future, in line with the core vision of the 2030 Agenda for Sustainable Development.

Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 16: Peace, Justice and Strong Institutions

  This is the most central SDG in the article. The entire text revolves around the function of the United Nations International Residual Mechanism for Criminal Tribunals (IRMCT), an institution dedicated to international justice. The article discusses its role in prosecuting “crimes against humanity,” “genocide,” and “war crimes” from the conflicts in Rwanda and the former Yugoslavia. It highlights the importance of the rule of law at the international level, the need for effective and accountable institutions, and the challenge of ensuring justice through the enforcement of sentences. Judge Gatti Santana’s work, both in Uruguay on cases related to the dictatorship and organized crime (“drug-trafficking, money laundering and corruption”) and at the IRMCT, directly embodies the principles of this goal. The discussion on combating historical revisionism and establishing the truth through judicial processes further reinforces the connection to building peaceful and just societies.

• SDG 5: Gender Equality

  The article directly addresses this goal through Judge Gatti Santana’s comments on female representation in international justice. She is the IRMCT’s “first female President” and explicitly points out the gender imbalance within the institution, stating, “We are 25 judges but only eight are women.” She advocates for better balance, arguing that “men and women should be equally represented” because diverse perspectives lead to “better decisions.” This highlights a clear focus on ensuring women’s full participation and equal opportunities for leadership in public life, a core component of SDG 5.

• SDG 10: Reduced Inequalities

  This goal is addressed through the theme of geographical representation and fair treatment within the justice system. Judge Gatti Santana emphasizes the importance of the IRMCT being representative of the “whole international community; not just Europe, not just Africa.” She notes that her perspective as someone “coming from a part of the world that wasn’t directly involved in any of the conflicts” is valuable. This speaks to reducing inequalities in participation within international institutions. Furthermore, her concern that transferring judicial functions to national authorities could lead to “different treatment of individuals in the same position, which wouldn’t be fair” touches upon the goal of ensuring equal opportunity and reducing inequalities of outcome.

• SDG 8: Decent Work and Economic Growth

  The article connects to this SDG through the specific and “sad case of former IRMCT judge Lydia Mugambe who was recently convicted of modern slavery offences in the UK.” Modern slavery is a form of forced labour, and its eradication is a key target under SDG 8. The mention of this conviction, involving a high-profile judge, underscores the pervasive nature of such crimes and the importance of holding perpetrators accountable, which is a crucial step in ending these practices.

• SDG 4: Quality Education

  This goal is relevant in the context of combating historical revisionism and promoting reconciliation. Judge Gatti Santana states that “education is key” to countering the “new waves of denial and attempts to rewrite history.” She highlights the role of the IRMCT’s archives as “a vital tool in educating affected communities and providing them with access to accurate information.” The “Mechanism Information Programme for Affected Communities,” which helps people access and understand the tribunal’s evidence and findings, is a direct example of education being used to promote a culture of peace and human rights, as envisioned by SDG 4.

What specific targets under those SDGs can be identified based on the article’s content?

• Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all

  The entire article is an exposition of this target. The IRMCT’s work in adjudicating cases like those of Radovan Karadžić and Félicien Kabuga, enforcing sentences, protecting witnesses, and managing archives for use in domestic prosecutions are all actions that promote the rule of law internationally. Judge Gatti Santana’s statement that “justice is more than just a judgment. It’s a long process that takes time and resources” encapsulates the comprehensive effort required to achieve this target.

• Target 5.5: Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life

  This target is directly identified when Judge Gatti Santana discusses her role as the “first female President” and the lack of gender parity among the judges. Her assertion that “balance should be the goal” and that “men and women should be equally represented” is a clear call to action to meet this target within the sphere of international judicial institutions.

• Target 8.7: Take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking…

  The article explicitly references a case that falls under this target. The mention that “former IRMCT judge Lydia Mugambe who just a few days before I spoke with Gatti Santana was convicted in the UK of modern slavery offences” directly points to the issue of modern slavery and the judicial measures being taken to combat it.

• Target 16.6: Develop effective, accountable and transparent institutions at all levels

  The article discusses the IRMCT as an institution undergoing significant change (“downsizing”). Judge Gatti Santana’s priority to present a “roadmap for the Security Council” on how the downsizing and eventual closure could be managed demonstrates a commitment to accountability and effectiveness. The criticism mentioned regarding the IRMCT’s “muted reaction to Mugambe’s conviction” also highlights the public expectation for transparency and accountability from such institutions.

• Target 4.7: …ensure that all learners acquire the knowledge and skills needed to promote… a culture of peace and non-violence…

  This target is identifiable through the judge’s focus on education as a tool against historical denial. She states, “education is key,” and describes how the IRMCT’s archives and information programs are used “to bring our jurisprudence and our findings closer to the public so they can understand the reality of what happened.” This is a direct application of education to promote peace by establishing and disseminating a factual historical record of conflicts.

• Target 10.3: Ensure equal opportunity and reduce inequalities of outcome…

  This target is implied in Judge Gatti Santana’s caution against rushing to transfer the IRMCT’s functions to national authorities. Her reasoning is that “if you transfer them to States, you can have different treatment of individuals in the same position, which wouldn’t be fair.” This reflects a commitment to ensuring equal outcomes and fair treatment for all individuals under the purview of international justice, a core principle of this target.

Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• Indicator for Target 5.5: Proportion of women in leadership positions

  The article provides a direct, quantifiable indicator for female representation in a high-level decision-making body. Judge Gatti Santana states, “We are 25 judges but only eight are women.” This ratio (8/25 or 32%) serves as a concrete measurement of the proportion of women in judicial leadership roles at the IRMCT, allowing for progress towards gender balance to be tracked.

• Indicator for Target 16.3: Number of cases of international crimes prosecuted and sentences enforced

  The article implicitly points to this indicator by mentioning specific high-profile cases, such as the trials and appeals of Radovan Karadžić, Félicien Kabuga, and the Štanišić and Simatović case. The completion of these cases (“We finished Stanisic and Simatovic in May 2023”) and the ongoing work on “enforcement of sentences” serve as indicators of the institution’s activity in providing access to justice and upholding the rule of law.

• Indicator for Target 8.7: Number of convictions for modern slavery

  The article provides a specific data point that serves as an indicator: the conviction of former judge Lydia Mugambe for “modern slavery offences.” While anecdotal, this conviction is a measurable outcome of a justice system’s effort to prosecute and punish perpetrators of modern slavery, contributing to the overall measurement of progress against Target 8.7.

• Indicator for Target 4.7: Existence of educational programs promoting peace and human rights

  The article explicitly mentions the “Mechanism Information Programme for Affected Communities in the former Yugoslavia.” The existence and operation of this program, funded by the European Union, is a tangible indicator of efforts to use education and access to information to promote understanding and peace in post-conflict societies.

• Indicator for Target 10.3/10.2: Geographical representation in international institutions

  While not a formal UN indicator, the article implies its use as a measure of inclusion. Judge Gatti Santana’s concern about South America being “not very well represented” and the subsequent observation that the region is “making strides to address” this issue suggests that the number or proportion of judges and high-level officials from different geographical regions is used as a proxy indicator for the inclusivity and legitimacy of international institutions.

Source: ejiltalk.org