the International Residual Mechanism for Criminal Tribunals

The recent decision handed down by the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals (IRMCT) in the Kabuga case, which overturned the Trial Chamber’s precedent-setting decision to introduce an “alternative findings procedure” for the trial of unfit individuals, may potentially mark a positive shift towards safeguarding the rights of defendants within the realm of international justice. Kabuga has been accused of committing genocide and inciting genocide in Rwanda. He was indicted for these crimes by the ICTR in 1998 and he lived as a fugitive until his eventual arrestin 2020. As his trial at the IRMCT commenced, it quickly became apparent that Kabuga’s health was compromised. Consequentially, several measures were taken by the Trial Chamber to accommodate him and ensure his full participationin the proceedings, including holding shorter sessions. However, after being diagnosed with a progressive form of dementia consistent with Alzheimer’s disease by three psychiatrists, the court ruled…