But beyond that — and I would like to emphasise this point — it is the sheer violence with which these rules were implemented and sanctioned which justifies the referral of this case to your Chamber. The sheer variety of these rules was matched only by the cruelty with which the institutions set up by Ansar Dine and AQIM ruthlessly punished the residents of Timbuktu who had the misfortune of not abiding by them. Indeed, in the event of a breach of these new imposed rules, the members of Ansar Dine and AQIM commonly resorted to corporal punishment.
For example, this would be applied on the spot by the so-called "Islamic Police", generally in the form of lashes of the whip. You will see some examples of this later on. Alternatively, punishment was applied following decisions by the "Islamic tribunal": an irregularly constituted tribunal which, for instance, authorised the Islamic Police to employ torture to obtain confessions — a fact, approach and practice Al Hassan would be very familiar with.
These abuses were most often inflicted in public. The goal of Ansar Dine and AQIM was not only to make the offenders suffer physically and to humiliate them: their goal was also to make an example of them, spread fear amongst the population, and subject them even further to their tyrannical rule. They pose a grave danger to the safety of witnesses. I shall therefore not go into further detail here: you have the detail in the confidential version of the Document Containing the Charges.
The people of Timbuktu themselves know full well what I'm alluding to, because they have experienced these crimes and suffered physical and mental anguish as a result of them. Mr Maiga was arrested by Al Hassan.
He then endured a brutal amputation. He was tied to a chair in front of a gathered crowd. His hand was lopped off with a machete. A member of the armed groups then held up the bloody hand as a signal to others. What was his crime? He had allegedly been caught engaging in petty theft.
The groups' goal was clearly to demonstrate their power and their willingness to impose their rule and rules at any cost. Their goal was also to terrorise the people of Timbuktu by the very cruelty of this crime. Al Hassan himself was aware of the fear felt by the population. During his interview with investigators from my Office, Al Hassan pointed out, "[The residents] were not familiar with this punishment. It was the first time that they … that they'd seen that.
They were completely blind-sided. They couldn't do anything. Everyone was afraid and feared the words 'jihadist' and 'terrorists'. They were scared of this punishment. Sentences handed down by an irregularly constituted tribunal, sentences without prior judicial proceedings, torture, cruel treatment, other inhumane acts, outrages upon personal dignity, attacks against historic monuments and buildings dedicated to religion, sexual slavery, acts of rape, and so on.
These are all grave acts and crimes under the Rome Statute, which, when taken in their totality, fit the characterisation of the crime of persecution. There was religious persecution in Timbuktu: all the rules and prohibitions imposed on the residents stemmed from the ideological and religious vision of Ansar Dine and AQIM.
There was also gender-based persecution. Indeed, it was the women and girls of Timbuktu and the region who suffered the most. One witness reported that women had become the primary targets. Women and girls were pursued into their very homes; they were abused, punished, beaten, imprisoned, and subjected to corporal punishment, for a variety of reasons: failure to wear clothing prescribed by the groups, giving water to a man, not having gloves at the market to pay and receive money, and so on.
I would like to go back briefly to prison conditions. It was the little room housing the ATM. They were locked up there and treated shamefully. Some women remained incarcerated there for up to 72 hours. Up to 12 women could be there at any one time. All this took place in oppressive heat. They had to relieve themselves where they stood. The conditions were horrendous. My team will also describe the extreme degree of violence experienced by the women who were subjected to floggings.
Al Hassan knows what I'm talking about. He himself was personally involved in organising the infliction of physical abuse in public on women accused of adultery. Some of the details are unbearable: imagine, for instance, collapsing under the sheer brute force and violence of repeated blows to skin and flesh. But there was an additional level to the horror. I am referring to all the sexual violence the women and girls — sometimes very young — were subjected to.
As one insider witness reported, there was an elaborate system of marriage in place, mainly intended to enable the members of the groups to satisfy their sexual needs without committing "adultery". On 8 July , the Court issued its first public arrest warrants for five senior leaders of the LRA alleging:  Leader Joseph Kony committed the crimes against humanity of murder, enslavement, sexual enslavement, rape and serious bodily injury and the war crimes of murder, cruel treatment of civilians, attacking civilians, pillage, inducing rape and enlisting child soldiers Kony's deputy, Vincent Otti , committed the crimes against humanity of murder, sexual enslavement and serious bodily injury and the war crimes of inducing rape, attacking civilians, enlisting child soldiers, cruel treatment of civilians, pillage and murder Army Commander of the LRA Okot Odiambo committed the crime against humanity of enslavement and war crimes of attacking civilians, pillage and enlisting child soldiers; he reportedly led an attack on Barlonyo refugee camp Aromo sub-county, Erute north constituency, Lira District in February in which more than people were massacred.
LRA commander Raska Lukwiya committed the crime against humanity of enslavement and the war crimes of cruel treatment of civilians, attacking civilians and pillage LRA commander Dominic Ongwen committed the crimes against humanity of murder, enslavement and serious bodily injury and the war crimes of murder, cruel treatment of civilians, attacking civilians and pillage None of the indictees was arrested, but Lukwiya was killed in fighting on 12 August ,   Otti is said to have been killed in , apparently by Kony.
The government of Uganda is currently in peace talks with the LRA. In February , at the time of the arrest of the third suspect, the Prosecutor announced that the arrest had closed the ICC investigations in Ituri. A sealed secret warrant had been issued for his arrest on 10 February for the war crimes of using child soldiers.It is also obliged to arrest and surrender Ali Kushayb and Abdallah Banda, who are still at large, and provide her Office unfettered access to Sudan. While the scope of any particular case must always respond primarily to the available evidence, the Office will aim whenever possible to pursue sequenced cases that build toward a body of cases that fully represent victimisation and hold the most responsible perpetrators accountable. In Cox's Bazar, the delegation visited the refugee camps and met with government authorities, humanitarian agencies and NGOs, as well as a number of victims' representatives. He was tied to a chair in front of a gathered crowd. The sheer variety of these rules was matched only by the cruelty with which the institutions set up by Ansar Dine and AQIM ruthlessly punished the residents of Timbuktu who had the misfortune of not abiding by them. Ultimately, the strength of the ICC — like all international judicial institutions — depends on the character, quality, and inclusiveness its leadership. Despite a number of works in court during e. He also read countries that have not yet paraphrased the Rome Statute to consider other so. This approach can restore lasting impression, he said, with the south of the African Union and premarital institutions.
He urged the Transitional Military Council to return to the internal dialogue with the aim of responding to the legitimate concerns of the Sudanese people. Indeed, it was the women and girls of Timbuktu and the region who suffered the most. But Afghanistan, Poland, Romania and Lithuania are all parties. The crimes are extremely serious.
Instead of joining the organization when it was founded, the U. States must cooperate with the Court in providing justice for crimes perpetrated in Darfur. Al Hassan himself was aware of the fear felt by the population. The case before you concerns a man, Al Hassan, who, we allege, is individually criminally responsible for Rome Statute crimes committed against the population of the city and region of Timbuktu. Further, investigators based in the field are in a stronger position to foster trust with victims and witnesses on a consistent basis over the longer term, which can be essential to ensuring adequate protection.
We will aim to support this assertion in subsequent presentations. Managing cooperation from state authorities in the field sensitively On the ground, the absence of its own police force means that ICC officials, including investigators, must rely on state officials and other actors like the United Nations operating in the country situation for assistance in conducting investigations. In selecting incidents, the goal is to provide a sample that reflects the gravest incidents and the main types of victimization, provided there is sufficient evidence.