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

Prosecution and Defence for Germain Katanga Appeal Judgement

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Germain Katanga (c) AFP

On 9 April 2014, both the prosecution and the defence for Germain Katanga filed notices of appeal at the International Criminal Court.

Mr Katanga was convicted by a majority of Trial Chamber II on 7 March 2014 for war crimes and crimes against humanity for arming the Congolese militia who carried out an attack on civilians at the village of Bogoro in the Democratic Republic of the Congo on 24 Febraury 2003. His contribution, according to the majority of the Chamber, was to act as the intermediary between the weapons and ammunition suppliers and those who physically perpetrated the crimes. Judge Van den Wyngaert dissented in strong terms with the finding of the majority.

The defence intend to appeal the whole of the judgment convicting Mr Katanga and request a reversal of the verdict on all charges. The prosecution are appealing the finding of acquittal on the charges of rape and sexual slavery.

The trial of Mr Katanga was originally joined to that of Mr Ngudjolo but was severed when the majority of the chamber activated Regulation 55 of the Regulations of the Court to recharacterise the legal qualification of the charges, in a move that has attracted strong criticism.