Mali: ICC reparations hearing in Al Hassan case must recognise victims’ gendered and intersectional harm

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On 17 September, the International Criminal Court (ICC) held a hearing on reparations for victims in the case of Al Hassan, former chief of the Islamic Police in Timbuktu. The International Federation for Human Rights (FIDH), the Women’s Initiatives for Gender Justice (WIGJ), REDRESS, and Lawyers without Borders Canada (LWB Canada) welcome this step as a long-awaited chance for victims to be recognised and redressed.

The Hague, 19 September 2025. In June 2024, ICC judges convicted Al Hassan, former de facto chief of the Islamic Police in Timbuktu and member of Ansar Dine, a group associated with Al Qaeda in the Islamic Maghreb ("AQIM"), of war crimes and crimes against humanity committed in Mali between 1 April 2012 and 28 January 2013. However, the Trial Chamber did not convict him of gender-based crimes. While the majority of the judges found that Mr Al Hassan had participated in the commission of gender-based crimes with intent and knowledge, these findings did not lead to convictions because of the application of the defence of duress by one of the same majority judges. In November 2024, Al Hassan was sentenced to 10 years of imprisonment, which was later reduced by 12 months, with an anticipated release date of 28 March 2027.

On 17 December 2024, the Office of the Prosecutor (OTP) informed its decision to discontinue the Prosecution appeal against the Trial Judgment and not to appeal the Sentencing Judgment. In December 2024, the ICC Trial Chamber issued an Order for Submissions on Reparations, formally opening the reparations phase of the proceedings and setting out the issues on which the parties and participants were invited to provide input.

Amici curiae observations

In March 2025, the Trial Chamber granted leave to submit observations to a group of organisations and individuals, including Mama Koité Doumbia, Association des Femmes pour les Initiatives de Paix (AFIP), Groupe de Recherche, d’Étude, de Formation Femme-Action (GREFFA), Women’s Initiatives for Gender Justice (WIGJ), International Federation for Human Rights (FIDH), REDRESS, Lawyers Without Borders Canada (LWB Canada), Alexandra Lily Kather, and Sareta Ashraph. On 16 June 2025, they filed observations on the reparations process, which emphasise the full extent of harm inflicted on victims of the convicted crimes, underscoring its gendered and intersectional dimensions. The submission also calls for a presumption of victimhood for all residents of Timbuktu during the period of persecution, and insists on the need to ensure reparations are victim-centred, restorative, structurally corrective, culturally and contextually relevant, and co-created by the victims.

Our submission highlights that the convicted crimes occurred in a broader system of gendered oppression and intersectional discrimination. Reparations must respond to these realities, or they risk denying the full scope of victims’ harm,” said Alix Vuillemin, Executive Director of WIGJ.

The submission further proposes modalities of reparations appropriate to address the harm suffered by victims, including both individual compensation and collective reparations, informed by the views and needs of victims, and implemented in ways that safeguard victims’ dignity, autonomy and protection, especially in light of the ongoing, volatile security situation in Mali.

Before reaching a decision, the ICC Trial Chamber decided to hold a hearing on reparations on 17 September 2025 to listen to observations by Victims Legal Representatives, the Defense, the Prosecution, as well as the Trust Fund for Victims.

Towards survivor-centred reparations

“Victims from Timbuktu continue to live with the consequences of forced displacement, insecurity and community fragmentation. This hearing is a vital opportunity to ensure that reparations address their needs, uphold their dignity, and help prevent further harm,” said Drissa Traoré, Secretary General of FIDH.

Reparations in this case represent the last opportunity within ICC proceedings for victims of Al Hassan’s crimes to have the full scope of their suffering acknowledged. They must contribute not only to individual healing but also to community resilience and systemic change.

"’Grounded in survivors’ views and co-created with them in line with the established principles of reparations, reparations can contribute to addressing the gender-based harms suffered by Al Hassan´s victims in Timbuktu and demonstrate the Court’s continued commitment to gender justice and non-discrimination”, said Julie Bardèche, Senior Legal Advisor at Redress.

It was promising that the points highlighted in our amici curiae observations were reiterated by parties during the hearing on reparations. We are hopeful that the Chamber will issue a reparations order that takes into account the ongoing gender and intersectional dimensions of harm suffered by victims of the convicted crimes and also gives priority to those most vulnerable.

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Maxime Duriez