Prosecutor V. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud

Relevant Sections:

▪ Art. 25(3)(a) or 25(3)(b) of the Rome Statute for crimes against humanity (torture, rape and sexual slavery; persecution of the inhabitants of Timbuktu on religious and gender grounds; and other inhumane acts) and for war crimes (rape and sexual slavery; violence to person and outrages upon personal dignity etc)


Facts:

▪ Al Hassan was a member of the Ansar Eddine and the de facto chief of the Islamic police in Timbuktu. He is accused of being involved in widespread and systematic attacks against the civilian population as part of the armed groups Ansar Eddine and perpetrating war crimes against the civilian population during an armed conflict of non-international nature He had allegedly destructed various mausoleums in Timbaktu. He had participated in policy of forced marriages resulting in repetitive rapes and sexual enslavement and rampant exploitation of the female sex.

▪ This was the first ICC case that dealt with persecution on gender based parameters.

Status:

▪ Pre- Trial. Charges of war crimes and crimes against humanity were confirmed by Pre Trial Chamber II. The decision confirming charges was confidential and only a a publicly redacted version has been issued. It is available only in French which is quite inconvenient. The Trial is set to begin in July 2020.


Read the full judgment here.