Al Mahdi's Case before the International Criminal Court: A Landmark Decision in the Protection of Cultural and Religious Sites

Abstract

International humanitarian law and international criminal law are usually regarded as tools with the primary aim of protecting people against gross violations of their rights. This is not false. However, these two branches of public international law, in the context of international or non-international conflicts, also protect objects, especially those that have a certain value for people who are the first victims of war. It is in this regard that on 27 September 2016, the International Criminal Court (ICC) delivered a landmark decision in the case of The Prosecutor v. Ahmad Al Faqi Al Mahdi. This case appeared before the ICC following the referral to the Prosecutor of the Court in 2012 by the Government of Mali. In January 2012, a conflict of non-international character occurred in the territory of Mali. Following this, different armed groups, including Ansar Dine and Al-Qaeda in the Islamic Maghreb (AQIM), took control of the northern part of the country - namely Timbuktu. These...