Trial Chamber X of the International Criminal Court (ICC) has, by majority, convicted Mr. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud of several charges of war crimes and crimes against humanity committed between April 2, 2012, and January 29, 2013, in Timbuktu, northern Mali. During this period, Timbuktu was under the control of armed groups Ansar Dine and Al-Qaida in Islamic Maghreb (AQIM).
The Chamber, composed of Judge Antoine Kesia-Mbe Mindua (Presiding Judge), Judge Tomoko Akane, and Judge Kimberly Prost, delivered the judgment with a detailed analysis of Al Hassan’s actions. Presiding Judge Kesia-Mbe Mindua emphasized, “Although Al Hassan was working for a group that claimed to be applying Islamic Sharia, this trial was not about Sharia, or the Muslim religion in general.” The trial focused on the specific acts and conduct of Al Hassan within a particular context, examining evidence to establish his responsibility beyond reasonable doubt.
After being recruited by senior AQIM leaders, Al Hassan rose to a senior position within the Islamic Police, assuming a leadership role that involved organizing police work. The Islamic Police were instrumental in the system established by Ansar Dine/AQIM to commit various crimes.
Al Hassan’s role included writing and signing police reports, transferring accused persons to the Islamic Court, and implementing its judgments and sentences. His involvement continued until Ansar Dine/AQIM left Timbuktu, making him a crucial contributor to the crimes committed by the groups.
Al Hassan was found guilty, by majority, of directly committing, contributing to, or aiding and abetting the commission of:
* The crimes against humanity of torture;
* The war crimes of torture and outrages upon personal dignity.
He was also convicted of contributing to crimes perpetrated by other Ansar Dine/AQIM members, including:
* The war crimes of mutilation, cruel treatment, and passing sentences without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees generally recognized as indispensable;
* The crimes against humanity of persecution and other inhumane acts.
The Chamber acknowledged that certain crimes of sexual violence occurred in Timbuktu during the relevant period. However, Al Hassan was acquitted of charges related to these crimes, including:
* The war crimes of rape and sexual slavery;
* The crimes against humanity of rape, sexual slavery, and other inhumane acts in the form of forced marriage.
Additionally, he was acquitted of the war crime of attacking protected objects.
The three judges each appended separate, partially dissenting opinions. Judge Kesia-Mbe Mindua, in particular, dissented on the existence of grounds for excluding Al Hassan’s criminal responsibility.
An order setting the calendar for Mr. Hassan’s sentencing proceedings will be issued shortly. Both the Prosecutor and the Defence have 30 days to appeal the verdict.
