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Situation in Mali ICC-PIDS-CIS-MAL-02-011/22_Eng
Updated: February 2022
The Prosecutor v. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud
ICC-01/12-01/18
Al-Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud
Suspected of crimes against humanity and war crimes allegedly committed in Timbuktu, Mali, between 2012 and 2013. Charges confirmed
on 30 September 2019. Opening of the trial on14 July 2020. In ICC custody.
Date of birth: 1977
Place of birth: Timbuktu, Mali
Nationality: Malian
Title: Alleged member of Ansar Eddine, de facto chief of the Islamic police, involved in the Islamic court’s
work
Warrant of arrest: 27 March 2018
Transfer: 31 March 2018
Initial appearance : 4 April 2018
Confirmation of charges hearing: 8 to 17 July 2019
Decision confirming the charges: 30 September 2019
Opening of the trial: 14 July 2020
Charges:
In its decisions issued on 30 September 2019 and on 23 Apeil 2020, Pre-Trial Chamber I concluded that there are substantial grounds to believe
that Mr Al Hassan is responsible for the following crimes:
Crimes against humanity allegedly committed in Timbuktu, Mali, in the context of a widespread and systematic attack by armed
groups Ansar Eddine / Al Qaeda in the Islamic Maghreb against the civilian population of Timbuktu and its region, between 1 April
2012 and 28 January 2013: Torture, rape, sexual slavery, other inhumane acts, including, inter alia, forced marriages, persecution; and
War crimes allegedly committed in Timbuktu, Mali, in the context of an armed conflict not of an international nature occurring in the
same period between April 2012 and January 2013: Torture, cruel treatment, outrages upon personal dignity, passing of sentences
without previous judgement pronounced by a regularly constituted court affording all judicial guarantees which are generally
recognized as indispensable, intentionally directing attacks against buildings dedicated to religion and historic monuments, rape and
sexual slavery.
Alleged crimes (non-exhaustive list)
Pre-Trial Chamber I found that there are reasonable grounds to believe that:
Between April 2012 and January 2013, in furtherance of a policy designed by the armed groups Al-Qaida in the Islamic
Maghreb (“AQIM”) and Ansar Eddine, a widespread and systematic attack within the meaning of article 7(1) of the Statue
was carried out against the civilian population, including by torturing, raping and persecuting members of the civilian
population of Timbuktu, in Mali.
A non-international armed conflict began in January 2012 and remained ongoing in Mali throughout the period of the alleged
events. During that period, from the beginning of April 2012 to 17 January 2013, the city of Timbuktu was allegedly under the
control of the armed groups Al-Qaida in the Islamic Maghreb (“AQIM”) and Ansar Eddine, a primarily Tuareg movement
associated with AQIM. Mr Al Hassan is alleged to have played a prominent role in the commission of crimes and religious
and gender-based persecution by those armed groups against the civilian population of Timbuktu.
Mr Al-Hassan was a member of Ansar Eddine and de facto chief of the Islamic police.
Mr Al-Hassan was involved in the work of the Islamic court in Timbuktu and participated in executing its decisions.
Mr Al-Hassan took part in the destruction of mausoleums of Muslim saints in Timbuktu using Islamic police forces in the field,
and participated in the policy of forced marriages which victimized the female inhabitants of Timbuktu and led to repeated
rapes and sexual enslavement of women and girls.
Modes of liability
The Chamber finds reasonable grounds to believe that Mr Al-Hassan bears criminal responsibility for:
(i) the commission of the crimes individually, jointly with another or through another person (article 25(3)(a)); or
(ii) ordering, soliciting or inducing the commission of the crimes (article 25(3)(b))
Case Information Sheet The Prosecutor v. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud
Key judicial developments
REFERRAL AND OPENING OF THE INVESTIGATION
On 13 July 2012, the Government of Mali refered the situation in Mali since January 2012 to the ICC. After conducting a preliminary
examination of the situation, the ICC Prosecutor concluded, on 16 March 2013, that there is reasonable basis to believe that crimes
under the ICC’s jurisdiction have been committed in Mali, since January 2012, and decided to open an investigation in this situation.
WARRANT OF ARREST
The warrant of arrest in this case was requested by the Prosecutor on 20 March 2018 and subsequently issued by Pre-Trial Chamber I
on 27 March 2018.
TRANSFER AND INITIAL APPEARANCE
On 31 March 2018, Mr Al Hassan was surrendered to the ICC by the Malian authorities and arrived at the Court’s detention centre in
the Netherlands.
On 4 April 2018, Mr Al Hassan appeared before the single judge of Pre-Trial Chamber I, judge Marc Perrin de Brichambaut, in the
presence of the Prosecutor and the Defence. Mr Al Hassan was represented by his Duty Counsel, Yasser Hassan. The Single Judge
verified the identity of the suspect, and ensured that he was clearly informed of the crimes he is alleged to have committed and of his
rights under the Rome Statute of the ICC in a language he fully understands and speaks, in this case, Arabic.
CONFIRMATION OF CHARGES
The confirmation of charges hearing took place from 8 to 17 July 2019. On 30 September 2019, Pre-Trial Chamber I issued a confidential
decision confirming the charges of war crimes and crimes against humanity brought by the Prosecutor against Mr Al Hassan and
committed him to trial. The redacted version of the decision was published on 13 November 2019. On 18 November 2019, Pre-Trial
Chamber I rejected the Defense's request for leave to appeal the decision confirming the charges in the Al Hassan case.
On 23 April 2020, Pre-Trial Chamber I partially granted the Prosecutor's request to modify the charges against Mr Al Hassan to include
additional facts in the charges already confirmed against him. The redacted version of this decision was made public on 11 May 2020.
On 21 November 2019, the Presidency constituted Trial Chamber X, to be in charge of the conduct of the trial.
TRIAL
On 14 and 15 July 2020, the trial opened before Trial Chamber X. The trial's opening started with the reading of the charges against Mr
Al Hassan. The Chamber was satisfied that the accused understood the nature of the charges. The accused decided not to plead guilty
or non-guilty to the charges at this stage of the trial. The Prosecution took the floor for opening statements.
The trial resumed on 8 September 2020, when the Prosecution started to present its evidence and call its witnesses before the judges. 52
oral witnesses were called by the Prosecution at this stage.
On 8 February 2022, the Legal Representatives of Victims made their opening statements before the judges. From 8 to 10 February 2022,
the Legal Representatives called two witnesses to testify.
The Defence is expected to start presenting its case later in 2022. The Defence will make opening statements at the beginning of the
presentation of its evidence.
ADMISSIBILITY OF THE CASE
On 19 February 2020, the ICC Appeals Chamber unanimously confirmed Pre-Trial Chamber I’s decision of 27 September 2019
considering that the case against Mr Al Hassan is of sufficient gravity to justify further action by the Court.
Composition of Trial Chamber X Defence Counsel
Judge Antoine Kesia-Mbe Mindua, Presiding Judge Melinda Taylor
Judge Tomoko Akane
Judge Kimberly Prost Legal Representatives of the Victims
Seydou Doumbia
Representation of the Office of the Prosecutor Mayombo Kassongo
Karim A.A. Khan QC, Prosecutor Fidel Nsita Luvengika
James Stewart, Deputy Prosecutor