Trial Chamber X of the International Criminal Court (ICC) has convicted Mr. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud of several charges of war crimes and crimes against humanity. These crimes were committed between April 2, 2012, and January 29, 2013, in Timbuktu, northern Mali, which was controlled at that time by the armed groups Ansar Dine and Al-Qaida in the Islamic Maghreb (AQIM).
The Chamber, composed of Judge Antoine Kesia-Mbe Mindua (Presiding Judge), Judge Tomoko Akane, and Judge Kimberly Prost, delivered the judgment. The Presiding Judge emphasized that this trial was not about Islamic Sharia or the Muslim religion in general, but focused on the actions of Mr. Al Hassan in a specific context. The Bench examined the evidence to establish Mr. Al Hassan’s responsibility beyond a reasonable doubt.
After being recruited by senior AQIM leaders, Mr. Al Hassan became a senior member of the Islamic Police. He took on a leadership role, organizing police work, and participated in the Islamic Court by writing and signing police reports, transferring accused persons to the court, and implementing judgments and sentences. He remained with the Islamic Police until Ansar Dine/AQIM left Timbuktu, contributing significantly to the system established by Ansar Dine/AQIM.
Mr. Al Hassan was convicted by majority of:
- The crimes against humanity of torture;
- The war crimes of torture and outrages upon personal dignity;
- Contributing to the crimes of mutilation, cruel treatment, and passing sentences without a proper judicial process;
- The crimes against humanity of persecution and other inhumane acts.
However, he was acquitted of:
- The war crimes of rape and sexual slavery;
- The crimes against humanity of rape, sexual slavery, and forced marriage;
- The war crime of attacking protected objects.
The Chamber acknowledged the occurrence of sexual violence crimes in Timbuktu during the relevant period but found that Mr. Al Hassan did not bear responsibility for these acts.
Each judge appended a separate, partially dissenting opinion to the decision. Judge Kesia-Mbe Mindua dissented on specific points, including the existence of a ground for excluding Mr. Al Hassan’s criminal responsibility.
A schedule for Mr. Al Hassan’s sentencing will be issued soon. Both the Prosecutor and the Defence have 30 days to appeal the verdict.
