ICC: Al Mahdi Sentenced to 9 Years for the Destruction of Historic and Religious Buildings in Mali

Ahmad Al Faqi Al MahdiToday, Trial Chamber VIII of the International Criminal Court (ICC) unanimously convicted Ahmad Al Faqi Al Mahdi of the war crime of attacking historic and religious buildings in Timbuktu, Mali, in June and July 2012. The Court sentenced Al Mahdi to nine years’ imprisonment, deducting the time he has already spent in detention.

On 22 August 2016, at the opening of the trial, Al Madhi had already admitted guilt to the war crime consisting in attacking ten historic and religious monuments in Timbuktu, asking for forgiveness from the people of Timbuktu.

Al Mahdi was a member of Ansar Dine, a movement associated with Al-Qaeda in the Islamic Maghreb (AQIM) which took control of Timbuktu in 2012. As an expert on matters of religion, Al Mahdi was consulted by the leader of Ansar Dine in relation to the decision to destroy the mausoleums.

According to the Trial Chamber, Al Mahdi’s contribution to the destruction of the buildings, consisting of nine UNESCO World Heritage sites, was essential. He had overall responsibility for the execution phase of the attack and directly participated in the attacks on five of the protected buildings.

The Court considered that crimes against property are generally of less gravity than crimes against persons. However, the targeted buildings were not only religious buildings but had also a symbolic and emotional value for the inhabitants of Timbuktu. Continue reading

First Trial Over Cultural Destruction to Open at the ICC

Ahmad Al Faqi Al MahdiThe trial in the case of The Prosecutor v. Ahmad Al Faqi Al Mahdi is scheduled to open tomorrow at the seat of the International Criminal Court (ICC) in The Hague.

Mr Al Mahdi is an alleged Islamic extremist charged of war crime through his involvement in the intentional destruction of religious buildings in the city of Timbuktu in Mali between about 30 June 2012 and 10 July 2012.

In 2012, Tumbuktu would have been under the control of armed groups, Al Qaeda in the Islamic Maghreb (“AQIM”) and Ansar Eddine, a mainly Tuareg movement associated with AQIM.

The Prosecution alleges that Al Mahdi was linked to those groups. His alleged orders consisted in the destruction of historic buildings including mausoleums and a mosque in Timbuktu. They were specifically identified, chosen and targeted precisely in light and because of their religious and historical character. Their destruction was considered as a serious matter by the local population.

Due to Mr Al Mahdi’s announced intentions to make an admission of guilt, the trial is expected to last for about a week, after which the judges will deliberate and in due course pronounce a decision on the guilt or innocence of the accused and the possible sentence.

If the accused does not plead guilty at the opening of the trial, the hearings will be reported to another date.

This is the ICC first case concerning the destruction of buildings dedicated to religion and historical monuments, which the ICC Prosecutor has called “a callous assault on the dignity and identity of entire populations, and their religious and historical roots”.

Mali’s government asked the Court in 2012 to investigate crimes committed on its territory. Prosecutors opened an investigation in 2013. Mr Al Madhi is the first suspect detained.

UNESCO and ICC Join Forces to End Impunity for Destruction of Cultural Heritage

Tumbuktu Mausoleum Ruins

The ruins of a Mausoleum in Tumbuktu

Today, the Director-General of the UN Educational, Scientific and Cultural Organization (UNESCO), Irina Bokova, met with the President of the International Criminal Court (ICC), Silvia Fernandez de Gurmandi, and Deputy Prosecutor James Stewart, to explore ways to deepen cooperation on the protection of cultural heritage and the fight against impunity of war crimes.

“UNESCO and ICC have come a long way together, to strengthen the rule of law, to change the mindset about the destruction of cultural heritage, and we are determined to go further, to end impunity for deliberate destruction of cultural heritage,” said Ms. Bokova.

Immediately after the attacks on the people and heritage of Mali, UNESCO raised the issue of the destruction of the mausoleums to the attention of the Court.

On 1 July, 2012, ICC Prosecutor Fatou Bensouda declared that this destruction constituted a war crime under the Rome Statute and then launched a preliminary examination into the violence that had been engulfing the country since January 2012.

The first suspect, Ahmed al-Faqi al-Mahdi, was transferred by the authorities of Mali and Niger to The Hague on 26 September 2015. His trial is scheduled to start on 22 August 2016.

The case of Mali made history in the fight against impunity – recognizing the restoration of justice and the rule of law as an essential step of any recovery process. This sets a historic precedent for similar cases in the future.

In this spirit, UNESCO and the ICC are sharing expertise and information about the importance of the sites, about why they were inscribed on the UNESCO World Heritage List, and the reason why their deliberate destruction can be considered a war crime.

Alleged Islamic Extremist Surrendered to the ICC for the Destruction of Historical Monuments

Tumbuktu Mausoleum Ruins

The ruins of the mausoleum of Alfa Moya in a cemetery in Timbuktu ©AFP

Today, Mr Ahmad Al Mahdi Al Faqi was surrendered to the International Criminal Court (ICC) by the authorities of Niger and arrived at the Court’s Detention Centre in the Netherlands.

Mr Al Faqi is an alleged Islamic extremist charged of war crimes through his involvement in the intentional destruction of religious buildings in the city of Timbuktu in Mali between about 30 June 2012 and 10 July 2012.

Mr Al Faqi is charged in the destruction of 10 historic buildings including mausoleums and a mosque in Timbuktu.

In 2012, Tumbuktu would have been under the control of armed groups, Al Qaeda in the Islamic Maghreb (“AQIM”) and Ansar Eddine, a mainly Tuareg movement associated with AQIM.

The Prosecution alleges that Al Faqi was linked to the Islamic court of Timbuktu and participated in carrying out its orders. Specifically, it is alleged that he was involved in the destruction of the buildings mentioned in the charges.

In a statement issued today, the ICC Prosecutor, Fatou Bensouda, said that “Intentional attacks against historic monuments and buildings dedicated to religion are serious crimes under the Rome Statute […] No longer should such reprehensible conduct go unpunished. It is rightly said that “cultural heritage is the mirror of humanity.” Such attacks affect humanity as a whole. We must stand up to the destruction and defacing of our common heritage.”

This is the ICC first case concerning the destruction of buildings dedicated to religion and historical monuments.

Mali’s government asked the Court in 2012 to investigate crimes committed on its territory. Prosecutors opened an investigation in 2013. Mr Al Faqi is the first suspect detained.