The International Criminal Court (ICC) has accepted the prosecution’s case against Mr. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud for crimes against humanity and war crimes committed between 2012 and 2013 in Timbuktu, northern Mali, and set a first appearance court date for the accused. Mr. Al Hassan’s accusation includes counts of torture, sexual slavery, and forced marriage. The trial is set to begin on 14 July 2020, with the Prosecution’s presentation of evidence set for 25 August 2020.
THE ACCUSATIONS AGAINST AL HASSAN
Mr. Al Hassan is suspected of being a member of the Ansar Eddine militia (“Defenders of the Faith”), a group linked with the Safali-Jihadist militant Organisation of Al-Qaida in the Islamic Maghreb (AQIM), of being the de facto chief of the Islamic police, and of being involved with the Islamic Court’s work. The alleged offences were committed during the occupation of Timbuktu by radical Islamist groups between April 2012 and January 2013. Mr. Al Hassan, through his alleged work with the Islamic Court, took part in the enforcement of radical Sharia policies of forced marriages, which led to repeated acts of rape and the reduction of Fulani women and girls to sexual slavery. The harsher policies also banned music, forced women into wearing the burqa, and prevented girls from attending schools. The accused is also suspected of participating in the destruction of ancient mausoleums of Muslim Saints in Timbuktu using the Islamic Police forces.
REASONING OF THE PRE-TRIAL CHAMBER
The ICC’s Pre-Trial Chamber concluded that there are substantial grounds to believe the suspect is responsible under article 25(3)(a) or 25(3)(b) of the Rome Statute in relation to: i) Crimes against humanity allegedly committed in Timbuktu, Mali, in the context of a widespread and systematic attack by armed groups Ansar Eddine / Al Qaeda in the Islamic Maghreb against the civilian population of Timbuktu and its region, between 1 April 2012 and 28 January 2013: Torture, rape, sexual slavery, other inhumane acts, including, inter alia, forced marriages, persecution, and; ii) War crimes allegedly committed in Timbuktu, Mali, in the context of an armed conflict not of an international nature occurring in the same period between April 2012 and January 2013: Torture, cruel treatment, outrages upon personal dignity, passing of sentences without previous judgement pronounced by a regularly constituted court affording all judicial guarantees which are generally recognized as indispensable, intentionally directing attacks against buildings dedicated to religion and historic monuments, rape and sexual slavery.
THE IMPORTANCE OF THE AL HASSAN CASE
The Al Hassan Case is the first ICC case to include gender-based charges. It is viewed as a ground-breaking case that will set an international legal precedent for future cases of sexual and gender-based violence and will play a key role in the discussion around accountability for the abovementioned international crimes.