ICC Convicts al-Qaida-Linked Leader of War Crimes in Mali
17 July 2024This update covers the International Criminal Court (ICC)’s conviction of al-Qaida-linked leader of war crimes in Mali and an arrest warrant against Iyad Ag Ghaly.
The armed conflict in Mali has continued since 2012, leading to numerous well-documented violations of international humanitarian law (IHL) by various parties, including conflict-related sexual violence and direct attacks on civilians. The Diakonia Regional IHL Centre in the Sahel aims to enhance compliance with IHL and human rights standards among key stakeholders through tailored high-quality training, legal analysis, and advisory services to the humanitarian community. Additionally, the Diakonia Regional IHL Centre in the Sahel provides regular updates on legal aspects of accountability processes before competent jurisdictions.
On 26 June 2024, Al Hassan Mahmoud was convicted of war crimes and crimes against humanity, particularly against women, during the Islamist militants' rule over Timbuktu in 2012.
Also, on June 21, 2024, the International Criminal Court issued an arrest warrant for Iyad Ag Ghaly for war crimes and crimes against humanity committed in northern Mali between January 2012 and January 2013.
On June 26, 2024, one of the former leaders of the Islamic police of the armed group Ançar Dine, Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud, was found guilty by the International Criminal Court (ICC) of crimes against humanity, including torture, persecution, and other inhumane acts; and war crimes, including torture, outrages upon personal dignity, mutilation, cruel treatment, and passing sentences without a prior judgment pronounced by a regularly constituted court, affording all judicial guarantees generally recognized as indispensable. These crimes were committed between April 2, 2012, and January 29, 2013, in Timbuktu, northern Mali.
Additionally, in the pursuit of perpetrators of crimes committed during the armed conflict in Mali, the Court issued an arrest warrant on June 21, 2024, against Iyad Ag Ghaly, leader of JNIM, a branch of Al Qaeda in the Islamic Maghreb ("AQIM"), for war crimes and crimes against humanity allegedly committed in northern Mali between January 2012 and January 2013.
This action was taken at the express request made in 2013 by the Malian government for the ICC to investigate the crimes committed on Malian territory. These criminal prosecutions fall within the principle of subsidiarity and complementarity between the ICC and national jurisdictions.
The Regional IHL Center in the Sahel welcomes these ICC decisions as a step forward on the path to justice for victims of serious violations of international law in Mali, and we continue our efforts to contribute to better respect for IHL and human rights standards in Mali.