Today, 26 June 2024, Test Chamber X of the International Offender Court (ICC or “Court”) (www.ICC-cpi.int), by bulk, founded guilty Mr Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud of a few of the costs brought versus him of battle criminal offenses and criminal offenses versus mankind devoted in between 2 April 2012 and 29 January 2013 in Timbuktu, north Mali, regulated during that time by the armed teams Ansar Dine and Al-Qaida in Islamic Maghreb (AQIM).
The Chamber was made up of Court Antoine Kesia-Mbe Mindua (Presiding Court), Court Tomoko Akane and Court Kimberly Prost.
The Administering Court review out a recap of the judgment in court, mentioning, inter alia, that “although Al Hassan was benefiting a team that declared to be using Islamic Sharia, this test was not regarding Sharia, or the Muslim faith generally”. The test worried the acts and conduct of a guy, Mr Al Hassan, acting in a certain context. The Bench took a look at the proof to establish whether Mr Al Hassan’s duty was developed past affordable question.
The Chamber kept in mind that, after being hired by elderly leaders of AQIM, Mr Al Hassan ended up being an elderly participant of the Islamic Cops, where he tackled a management function that consisted of arranging cops job. The Islamic Cops played a critical function in the system Ansar Dine/AQIM implemented to devote the criminal offenses. He likewise took part in the job of the Islamic Court as a participant of the Islamic Cops, inter alia by composing and authorizing cops records, participating in the transfer of charged individuals to the Islamic Court and applying the judgments and sentences bied far by it. He stayed a participant of the Islamic Cops till Ansar Dine/AQIM left Timbuktu. For this reason, Mr Al Hassan added to the system implemented by Ansar Dine/AQIM.
Mr Al Hassan was founded guilty, by bulk, of straight dedicating the criminal offenses himself, adding to them with others or assisting and urging the compensation of the criminal offenses by others, in connection with:
the criminal offenses versus mankind of abuse; and
the battle criminal offenses of abuse and outrages upon individual self-respect;
and of adding to the criminal offenses carried out by various other participants of Ansar Dine/AQIM, in connection with:
the battle criminal offenses of mutilation, misuse and passing sentences without previous judgment articulated by a consistently comprised court, paying for all judicial warranties which are usually identified as essential; and
the criminal offenses versus mankind of mistreatment and various other savage acts.
The Chamber located that particular criminal offenses of sex-related physical violence had actually occurred in Timbuktu throughout the product time. Nonetheless, Mr Al Hassan was not located to birth duty for those criminal offenses and was as a result acquitted of the adhering to costs:
the battle criminal offenses of rape and sex-related enslavement;
the criminal offenses versus mankind of rape, sex-related enslavement and various other savage acts in the kind of forced marital relationship.
Mr Al Hassan was likewise acquitted of the battle criminal offense of assaulting safeguarded things.
The 3 courts each added to the choice a different, partly dissenting viewpoint. Court Kesia-Mbe Mindua added a dissenting viewpoint worrying, specifically, the presence of a ground for leaving out Mr Al Hassan’s criminal duty.
An order establishing the schedule of the procedures for Mr Hassan’s sentencing will certainly be provided quickly. The decision might be appealed by the District attorney or the Support for Mr Al Hassan within thirty days.
Separate and Partially Dissenting Point Of View of Court Tomoko Akane
Separate and Partially Dissenting Point Of View of Court Kimberly Prost 2
Summary check out in Court ( French)
Questions and Solutions paper: English http://apo-opa.co/3XAvvVT; French
Audiovisual product:
Judgment when it comes to Al Hassan, complete hearing, 26 June 2024
YouTube (for checking out): French http://apo-opa.co/4eyFbGB, Arabic http://apo-opa.co/3XAUqZq, English http://apo-opa.co/3VZfY0I, Flooring http://apo-opa.co/4cgaqUZ
Video (MPEG-4) for download: French http://apo-opa.co/3XFbAFp, Arabic http://apo-opa.co/4cxmuSh, English http://apo-opa.co/4eHpCfs, Flooring http://apo-opa.co/3XAvwcp
Audio (MPEG-3) for download: French http://apo-opa.co/4cC83fb, Arabic http://apo-opa.co/4cCbySH, English http://apo-opa.co/4chFGD4, Flooring
Distributed by APO Team in support of International Lawbreaker Court (ICC).
For additional info, please get in touch with:
Fadi El Abdallah
Spokesperson and Head of the general public Matters Unit
International Offender Court
on +31 (0 )70 515-9152 or +31 (0 )6 46448938
or at fadi.el-abdallah@icc-cpi.int
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Background:
The test in this situation opened up on 14 and 15 July 2020 ( http://apo-opa.co/3XAUrws). Throughout the test, the Prosecution called 52 witnesses to offer dental testament, and 22 Support witnesses showed up in court. The Lawful Agents of Sufferers, standing for 2,196 targets in case, likewise called 2 witnesses. On 8 February 2023, Test Chamber X shut the discussion of proof in case. The Prosecution, the Legal Rep of Victims and the Support made their closing declarations in between 23 and 25 May 2023.
