Al Hassan Convicted Of International Crimes, But Not For Ones Based On Gender
Al Hassan. (Photo courtesy International Criminal Court)
(ANALYSIS) On June 26, Trial Chamber X of the International Criminal Court (ICC), by a majority, convicted Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud (Al Hassan), a Malian Islamist militant, of some of the charges brought against him of war crimes and crimes against humanity committed between April 2, 2012, and Jan. 29, 2013, in Timbuktu, northern Mali, controlled at that time by the armed groups Ansar Dine and al-Qaida in Islamic Maghreb (AQIM), an Islamist militant organization.
After being recruited by senior leaders of AQIM, Al Hassan became a senior member of the Islamic Police, where he took on a leadership role that included organizing police work. The Islamic Police played a pivotal role in the system Ansar Dine/AQIM put in place to commit the crimes.
He also participated in the work of the Islamic Court as a member of the Islamic Police, inter alia by writing and signing police reports, taking part in the transfer of accused persons to the Islamic Court and implementing the judgments and sentences handed down by it. He remained a member of the Islamic Police until Ansar Dine/AQIM left Timbuktu. Hence, Al Hassan contributed to the system put in place by Ansar Dine/AQIM.
Al Hassan was convicted, by a majority, of directly committing the crimes himself, contributing to them with others or aiding and abetting the commission of the crimes by others, in relation to the crime against humanity of torture under Article 7(1)(f); the crime against humanity of other inhumane acts under Article 7(1)(k); the war crime of torture under Article 8(2)(c)(i); the war crime of cruel treatment under Article 8(2)(c)(i); the war crime of outrages upon personal dignity under Article 8(2)(c)(ii); the war crime of passing of sentences without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable under Article 8(2)(c)(iv); the crime against humanity of persecution, on religious grounds, under Article 7(1)(h); and the war crime of mutilation under Article 8(2)(c)(i) of the statute.
He was further convicted of contributing to the crimes perpetrated by other members of Ansar Dine/AQIM, in relation to the war crimes of mutilation, cruel treatment and passing sentences without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable; and the crimes against humanity of persecution and other inhumane acts.
The chamber found that certain crimes of sexual violence had taken place in Timbuktu during the material time, including the crime against humanity of other inhumane acts in the form of forced marriage under Article 7(1)(k), the crime against humanity of sexual slavery under Article 7(1)(g), the war crime of sexual slavery under Article 8(2)(e)(vi), the crime against humanity of rape under Article 7(1)(g), the war crime of rape under Article 8(2)(e)(vi) of the statute. Among others, the chamber found that members of Ansar Dine/AQIM forced three victims into marriage; after they were married, their “husbands” raped them and subjected them to sexual slavery.
The chamber found that a member of Ansar Dine/AQIM forced one of the victims into marriage and subjected her to sexual slavery. The chamber found that crimes committed against four victims formed part of the common purpose specific to Ansar Dine/AQIM. The chamber found that members of Ansar Dine/AQIM committed the crimes of rape. In relation to four victims, the chamber found that members of Ansar Dine/AQIM arrested the victims for not being properly covered or veiled, detained them and raped them while in detention. The crimes formed part of the common purpose specific to Ansar Dine/AQIM.
However, Al Hassan was not found to bear responsibility for those crimes and was consequently acquitted of 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. Al Hassan was also acquitted of the war crime of intentionally directing attacks against protected objects under Articles 8(2)(e)(iv) of the statute. In other words, the chamber found that there was insufficient evidence that Al Hassan was responsible for these crimes, beyond a reasonable doubt, and was consequently acquitted.
To make its decision, the chamber reviewed all the evidence submitted during the trial, including documents, eyewitnesses and insiders. Over the course of 195 hearings, 52 oral witnesses were called by the prosecution and 22 defense witnesses appeared in court. The legal representatives of the victims, representing 2,196 victims in this case, also called two witnesses to testify. There were 7,896 documents recorded during this trial, totaling several thousand pages, and 13,275 items of evidence were submitted.
The parties may appeal the decision of conviction, or parts of it, within thirty days, in which case, an appeals chamber composed of five judges will decide on the matter. It is not clear yet whether the conviction will be appealed.
This piece was republished from Forbes with permission.
Dr. Ewelina U. Ochab is a human rights advocate, author and co-founder of the Coalition for Genocide Response. She’s authored the book “Never Again: Legal Responses to a Broken Promise in the Middle East” and more than 30 UN reports. She works on the topic of genocide and persecution of ethnic and religious minorities around the world. She is on X @EwelinaUO.