Summary
On 27th September 2016, the International Criminal Court (ICC) unanimously found suspected Islamist, Ahmad Al Mahdi, guilty beyond reasonable doubt as a co-perpetrator of a war crime pursuant to art. 8(2)(e)(iv) of the Rome Statute, in response to Mr. Al Mahdi’s intentionally directing of attacks against ten of the most important cultural heritage sites in Timbuktu, Mali, in June and July 2012. This war crime prohibits the intentional directing of “attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives.” These attacks were associated with a non-international armed conflict that took place in the territory of Mali and the subsequent occupation of Timbuktu by the armed groups Al-Qaeda in the Islamic Maghreb and Ansar Dine. Fact-finding has established that all these sites were dedicated to religious and historic monuments, and were not military objectives.
While assessing the gravity of the crime, the ICC Trial Chamber VIII (Chamber) considered that the targeted heritage sites were not only religious buildings but also had tremendous symbolic and emotional value for the inhabitants of Timbuktu. The mausoleums of saints and mosques of Timbuktu, destroyed in the attacks, were an integral part of the religious life of its inhabitants and constituted a common heritage for the community. The Chamber further noted the testimony of P-431 (a Malian expert in cultural matters) who testified that destroying the mausoleums, to which the people of Timbuktu had great attachment, was a war activity aimed at breaking the soul of the people of Timbuktu. Furthermore, all the sites but one were UNESCO World Heritage sites. As such, the Chamber considered the attacks on these sites to be of particular gravity as their destruction not only affected the direct victims of the crimes but also people throughout Mali and the international community.
The trial of Mr. Al Mahdi took place between the 22nd and 24th of August 2016 during which period Mr. Al Mahdi made an informed and voluntary admission of guilt. Noting certain mitigating factors, the Chamber sentenced Mr. Al Mahdi to nine years of imprisonment.