Mr. Al Hassan Sentenced To 10 Years Of Imprisonment

On 20th November, 2024, Trial Chamber X of the International Criminal Court sentenced Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud to 10 years of imprisonment following the Trial Judgment in which the Chamber found him guilty of some of the charges brought against him of war crimes and crimes against humanity committed between early May 2012 and 29 January 2013 in Timbuktu, northern Mali. The sentence may be appealed before the ICC Appeals Chamber by either party to the proceedings. 

Judge Kimberly Prost, Presiding Judge, read a summary of the Chamber’s decision. She highlighted that the sentencing phase is an important milestone in this trial. This stage of proceedings underscores also the importance of accountability, acknowledgment of the harm caused to the victims and the international community’s commitment to condemning the serious crimes committed in this case.

To determine the sentence, the Chamber assessed the gravity of each of the crimes, including the degree of Mr Al Hassan’s participation and intent, as well the presence of any aggravating and mitigating circumstances, and Mr Al Hassan’s individual or personal circumstances.

The Chamber took into account the mitigating circumstances, namely the minor actions of Mr Al Hassan to assist the civilian population in 2012-2013 and his cooperation with the Prosecution at the investigation stage. The existence of these mitigating circumstances should not be understood as lessening, in any way, the gravity of the crimes that were committed, including the impact they had on the victims. In particular, the Chamber considered that this joint sentence is proportionate to the serious gravity of the crimes, namely the crimes of persecution, torture, other inhumane acts, cruel treatment, outrages upon personal dignity, mutilation and sentencing without due process.

The time spent in detention by Mr Al Hassan in accordance with an order of this Court, from 28 March 2018 to 20 November 2024, will be deducted from the sentence. The Chamber rejected a Defence request to deduct additional time spent by Mr Al Hassan in detention in Mali since 21 April 2017.

Next Steps: Persons convicted of crimes under the ICC’s jurisdiction serve their sentences in countries that have agreed to enforce ICC sentences. If the sentencing judgment becomes final, the ICC Presidency, having heard the views of the sentenced person, shall designate a State of enforcement from a list of States that have indicated their willingness to accept the sentenced person and have signed an agreement with the Court to that effect or pursuant to an ad hoc agreement with the Court. In the meantime, Mr Al Hassan will remain in the ICC detention centre.

Issues related to the procedure for reparations to victims will be addressed in due course.

It is also to note that the verdict is currently subject to appeals.

Background: The trial in this case opened on 14-15 July 2020. On 26 June 2024, Trial Chamber X, by majority, convicted Mr Al Hassan of some of the charges brought against him of war crimes and crimes against humanity committed between early May 2012 and 29 January 2013 in Timbuktu, northern Mali, controlled at that time by the armed groups Ansar Dine and Al-Qaida in Islamic Maghreb (AQIM). Notices of appeal against the judgment in this case were filed by both the Defence and the Prosecutor on 18 September 2024.