Mali: ICC conviction of Al Hassan for war crimes and crimes against humanity offers victims some measure of justice

Responding to the decision of Chamber 10 of the International Criminal Court (ICC) to convict Al Hassan Ag Abdoul Aziz for some of the war crimes and crimes against humanity he is alleged to have committed in Timbuktu, Mali, Samira Daoud, Amnesty International’s Regional Director for West and Central Africa, said:

“This verdict is a well-deserved satisfaction for many victims of Ansar Dine’s seizure of power in Timbuktu. The Chamber found that the seizure of power was followed by torture and other cruel treatment, including public flogging of the population.

There is now an urgent need for a comprehensive investigation into the human rights violations committed by all parties to the conflict since 2012.

Samira Daoud, Amnesty International Regional Director for West and Central Africa

“However, countless girls and women who have been tormented by rape, sexual slavery and other conflict-related sexual violence at the hands of the Islamic Police will feel profound disappointment. The Chamber confirmed that these crimes took place, but not that Al Hassan is criminally responsible for them. Al Hassan’s case was also the first case of gender-based persecution to be heard before the ICC. For the victims of these crimes, it is vital that we redouble our efforts to bring them justice, as yesterday’s ruling dents their hopes.

“We call on the ICC Prosecutor to continue his efforts to bring justice to the countless victims and survivors of Ansar Dine’s rule in northern Mali and the ongoing conflict across the country. A full investigation into the violations committed by all parties to the conflict since 2012 must now follow urgently.”

background

In 2019, Al Hassan ag Abdoul Aziz was charged with crimes against humanity, including torture, rape, sexual slavery and other inhumane acts in connection with the takeover of the northern regions of Mali by the armed groups Ansar Eddine/Al-Qaeda in the Islamic Maghreb (AQIM) between 1 April 2012 and 28 January 2013.

Yesterday he was found guilty of crimes against humanity, torture, persecution and other inhumane acts, as well as the war crimes of torture, violation of personal dignity, mutilation, cruel treatment and conviction without prior trial by a regularly constituted court. Al Hassan was acquitted of war crimes and crimes against humanity, rape, sexual slavery and forced marriage, as well as the war crime of attacking protected objects.

The court found that Al Hassan was a senior member of the Islamic Police. He surrendered to the ICC days after an arrest warrant was issued for him in March 2018. His trial began in July 2020. A verdict on the charges on which Al Hassan was convicted will be announced at a later date.

This is the second case decided by the ICC in connection with the conflict in Mali, following the conviction of Ahmad Al Faqi Al-Mahdi in 2016 for deliberate attacks on religious buildings and historical monuments in Timbuktu in 2012. This case was the first before the ICC to focus on the destruction of cultural property.