The International Criminal Court (ICC) acknowledges, in its Reparations Order delivered in the case against Mr. Al Hassan, the gendered nature of the religious persecution that affected the entire community of Timbuktu and adopts a holistic approach to the harm caused.
The Hague, 28 April 2026. Women’s Initiatives for Gender Justice (WIGJ), and co-amici Mama Koité Doumbia, the Association des femmes pour les initiatives de paix (AFIP), the Groupe de recherche, d’étude, de formation femme-action (Greffa), the International Federation for Human Rights (FIDH), REDRESS, Avocats sans frontières Canada (ASF Canada) and Sareta Ashraph, welcome the reparations order issued by Trial Chamber X of the ICC in the case of "The Prosecutor v. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud".
The Reparations Order was unanimously issued; it sets Mr Al Hassan’s liability at €7.25 million and estimates the number of potentially eligible direct and indirect victims at 65,202. The Chamber also awards collective community-based reparations with a limited individualised component, focused on rehabilitation, symbolic and satisfaction measures.
The Chamber underscores the importance of the main positions contained in the amici curiae submissions of 16 June 2025.
Firstly, the Chamber adopted a holistic approach to harm "which considers an intersectional analysis of the harm suffered by the victims as a core component" (paragraph 73), and cited the observations made in the amici briefs. The Order contains a sub-section on the “Social impact of the gender aspect of religious persecution" (paragraphs 122–124), noting that "women and girls suffered particular moral, material and community harm as a result of the crime of persecution", that should be reflected in the planning, design and implementation of all socio-economic rehabilitation projects.
Secondly, the Chamber established a presumption of victim status for all persons who resided in Timbuktu during the period covered by the crime of persecution (from early May 2012 to 29 January 2013); also included are the persons who fled the city during said period (paragraph 63). By citing the observations of the amici, of the victims’ legal representatives, the Registry, and the Trust Fund for Victims (TFV) the Chamber gives effect to a long-standing claim seeking to have the entire population of Timbuktu recognised as direct victims of religious persecution.
Thirdly, the Chamber instructs the TFV to design rehabilitation programmes in close consultation with the victims, "the application of a gender-sensitive approach to safeguard guarantees that women and girls are duly included, their gender specific harm is addressed, and the specific risks and challenges they face gaining access to reparative measures are considered" (paragraph 204). Educational support aims to "address the harm suffered by the population, in particular women and girls, as a result of the closing of schools and the loss of educational opportunity" (paragraph 210).
The Reparation Order demonstrates that the Court is able to recognise gender-based and intersectional harm in the absence of convictions for offences involving gender-based violence.
The Chamber emphasised that the principle of "do no harm" is of "paramount importance" and instructed the TFV to ensure accessibility, the effective participation of victims, the consideration of gender-specific factors and respect for the privacy and safety of victims throughout the consultations (paragraph 194).
