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International Criminal Court investigation in Mali

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Situation in the Republic of Mali
The seal of the International Criminal Court
The seal of the International Criminal Court
File no.01/12
Referred byMali
Date referred13 July 2012
Date opened16 January 2013
Incident(s)Northern Mali conflict
CrimesWar crimes:
· Intentionally directing attacks against buildings dedicated to religion
· Destruction of cultural world heritage in the Malian city of Timbuktu
Status of suspects
Ahmad al-Faqi al-MahdiServed a 7 year sentence
al-Hassan Ag Abdoul AzizConvicted
Iyad Ag GhalyFugitive

The International Criminal Court investigation in Mali or the Situation in the Republic of Mali is an ongoing investigation by the International Criminal Court (ICC) into war crimes and other crimes within the ICC's jurisdiction that are alleged to have occurred during the Northern Mali conflict since January 2012.[1] The investigation was requested by the government of Mali in July 2012.[2][1][3][4] As the first person who pleaded guilty to a charge of the ICC, Ahmad al-Faqi al-Mahdi made a statement expressing remorse and advising others not to commit similar acts.[5]

On 27 September 2016, al-Mahdi was sentenced to nine years in prison for the destruction of cultural world heritage in the Malian city of Timbuktu. At least nine mausoleums and one mosque were destroyed.[6] On 26 June 2024, al-Hassan Ag Abdoul Aziz was found guilty of crimes against humanity and war crimes.[7]

Background

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See also: Northern Mali conflict (2012–present)

Several human rights organisations reported on human rights abuses during the Northern Mali conflict that started in early 2012. The International Federation for Human Rights (FIDH) and its Malian member organisation Association Malienne des Droits de l'Homme (AMDH)[8] published a detailed report[9] in December 2012, referring to evidence of a rape campaign in Gao and Timbuktu after their takeover by the National Movement for the Liberation of Azawad (MNLA), recruitment of 12- to 15-year-old children as child soldiers by Ansar Dine, and the summary execution of up to 153 Malian soldiers by the MNLA and Ansar Dine on 24 January 2012.[10] Human Rights Watch reported the use of "several hundred" child soldiers by the Movement for Unity and Jihad in West Africa (MUJAO), and Al Qaeda in the Islamic Maghreb (AQIM).[11] Amnesty International published a detailed report in May 2012,[12] describing the human rights situation as "Mali's worst human rights situation in 50 years".[13]

Referral

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On 13 July 2012, the government of Mali, represented by its Minister of Justice Malick Coulibaly, made a formal request to the ICC to investigate war crimes and crimes against humanity that took place in Mali since January 2012.[2][3][4]

Investigation

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The ICC's Office of the Prosecutor gathered evidence, and on 16 January 2013, the Court formally started a full investigation led by Chief Prosecutor Fatou Bensouda.[1] Bensouda has determined that there is a reasonable basis to believe the following crimes were committed during the conflict: (i) murder; (ii) mutilation, cruel treatment and torture; (iii) intentionally directing attacks against protected objects; (iv) the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court; (v) pillaging, and (vi) rape.[1] The 16 January 2013 ICC report[14] listed evidence for suspected crimes that include some attributed to the MNLA, such as the executions at Aguelhok of about 100 Malian army soldiers on 24 January 2012,[15] and some attributed to the Malian army, such as the Diabaly September 2012 massacre of 16 unarmed preachers.[16]

Cases

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Ahmad al-Faqi al-Mahdi

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Main article: Ahmad al-Faqi al-Mahdi

On 18 September 2015, the court issued an arrest warrant for Ahmad al-Faqi al-Mahdi, who was accused of the war crime of intentionally directing attacks against buildings dedicated to religion, specifically the mausoleums and mosques located in Timbuktu. They were destroyed by members of Ansar Dine and other Islamist groups in 2012.

On 26 September 2015, he was sent from Niger to the court's detention center in The Hague.[17] On 27 September 2016, al-Mahdi was sentenced to nine years in prison for the destruction of cultural world heritage in the Malian city of Timbuktu.[6]

Al Hassan

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Main article: al-Hassan Ag Abdoul Aziz

Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud, born on 19 September 1977, was allegedly a member of Ansar Dine and the de facto chief of the Islamic Police. He has also been allegedly involved in the work of the Islamic court in Timbuktu and in executing its decisions.[18]

Al Hassan was charged for crimes against humanity allegedly committed in Timbuktu, Mali, for allegedly participating in a widespread and systematic attack by armed groups against the civilian population of Timbuktu and its region, between 1 April 2012 and 28 January 2013.[19] He is also being charged for war crimes allegedly committed in Timbuktu, Mali, between April 2012 and January 2013.[20]

On 26 June 2024, al-Hassan was found guilty.[7]

Iyad Ag Ghaly

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Main article: Iyad Ag Ghaly

On 18 July 2017, the court issued an arrest warrant under seal for Iyad Ag Ghaly, accused of committing war crimes and crimes against humanity in Timbuktu between 2012 and 2013 as the leader of Ansar Dine. The warrant was made public on 21 June 2024.[21]

References

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  1. ^ a b c d "ICC Prosecutor opens investigation into war crimes in Mali: "The legal requirements have been met. We will investigate"". International Criminal Court. 2013-01-16. Archived from the original on 2013-01-20. Retrieved 2013-01-21.
  2. ^ a b Coulibaly, Malick (2012-07-13). "Renvoi de la situation au Mali" (PDF) (in French). Ministry of Justice of Mali. Archived (PDF) from the original on 2012-12-22. Retrieved 2013-01-21.
  3. ^ a b "FIDH and AMDH welcome the opening of an ICC investigation in Mali". International Federation for Human Rights. 2013-02-13. Archived from the original on 2013-01-28. Retrieved 2013-02-13.
  4. ^ a b "Mali: ICC investigation of conflict crimes a key step towards justice". Amnesty International. 2013-01-16. Archived from the original on 2013-03-03. Retrieved 2013-02-13.
  5. ^ Calamur, Krishnadev (2016-08-22). "Repenting for the Cultural Destruction of Timbuktu". The Atlantic. Retrieved 2016-08-22.
  6. ^ a b Ahmad al-Faqi al-Mahdi: The vandal of Timbuktu, BBC News (September 27, 2016).
  7. ^ a b "ICC convicts Mali Islamist for Timbuktu atrocities". Reuters. 26 June 2024. Retrieved 26 June 2024.
  8. ^ "Association Malienne des Droits de l'Homme (AMDH)". International Federation for Human Rights. 2013-01-21. Archived from the original on 2013-01-19. Retrieved 2013-01-21.
  9. ^ "War Crimes in North Mali" (PDF). International Federation for Human Rights. 2012-12-17. Archived (PDF) from the original on 2013-05-22. Retrieved 2013-01-21.
  10. ^ "War Crimes in North Mali". International Federation for Human Rights. 2012-12-20. Archived from the original on 2013-01-19. Retrieved 2013-01-21.
  11. ^ "Mali: Islamists Should Free Child Soldiers - 'Sending our Innocents to be Slaughtered,' Witness Says". Human Rights Watch. 2013-01-15. Archived from the original on 2013-01-22. Retrieved 2013-01-21.
  12. ^ "Mali: five months of crisis - armed rebellion and military coup" (PDF). Amnesty International. 2012-05-15. Retrieved 2013-01-21.
  13. ^ "Mali's worst human rights situation in 50 years". Amnesty International. 2012-05-16. Archived from the original on 2013-03-07. Retrieved 2013-01-21.
  14. ^ "Situation in Mali - Article 53(1) Report" (PDF). International Criminal Court. 2013-01-16. Archived from the original (PDF) on 2013-06-16. Retrieved 2013-01-21.
  15. ^ "Tuareg rebels behind January killings, confirms Mali army". Radio France International. 13 February 2012. Archived from the original on 29 September 2012. Retrieved 7 March 2012.
  16. ^ Massacre of preachers in Mali sign of broken army, Associated Press, 22 September 2012, archived from the original on 25 January 2013, retrieved 14 January 2013.
  17. ^ "Timbuktu mausoleum destruction suspect sent to ICC". BBC News. 2015-09-26. Retrieved 2015-09-26.
  18. ^ "Situation in the Republic of Mali - Questions and Answers" (PDF). ICC Official Website. ICC. Retrieved August 7, 2022.
  19. ^ "Situation in the Republic of Mali - Questions and Answers" (PDF). ICC Official Website. ICC. Retrieved August 7, 2022.
  20. ^ "Situation in the Republic of Mali - Questions and Answers" (PDF). ICC Official Website. ICC. Retrieved August 7, 2022.
  21. ^ "Situation in Mali: ICC unseals arrest warrant against Iyad Ag Ghaly". International Criminal Court. 21 June 2024. Retrieved 25 June 2024.
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