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Press Release : |

Al Mahdi case: Reparations Order becomes final

ICC-CPI-20180308-PR1363

The judges of the ICC Appeals Chamber at the beginning of the hearing held on 8 March 2018: (left to right) Judge Christine Van den Wyngaert, Judge Silvia Fernández de Gurmendi, Judge Howard Morrison, Presiding Judge, Judge Sanji Mmasenono Monageng, and Judge Piotr Hofmański ©ICC-CPI
The judges of the ICC Appeals Chamber at the beginning of the hearing held on 8 March 2018: (left to right) Judge Christine Van den Wyngaert, Judge Silvia Fernández de Gurmendi, Judge Howard Morrison, Presiding Judge, Judge Sanji Mmasenono Monageng, and Judge Piotr Hofmański ©ICC-CPI

Today, 8 March 2018, the Appeals Chamber of the International Criminal Court (ICC) delivered its judgment confirming, for the most extent, the Reparations Order in the case The Prosecutor v. Ahmad Al Faqi Al Mahdi. Judge Howard Morrison, presiding Judge in this appeal, read a summary of the Appeals Judgment on the Legal Representative of Victims appeal against this Order.

The Appeals Chamber concluded that it is within the discretion of a Trial Chamber to request, on a case-by-case basis, the assistance of, for example, the Trust Fund for Victims to undertake the administrative screening of beneficiaries of individual reparations meeting the eligibility criteria set out by the Trial Chamber.

However, the Appeals Chamber amended the Reparations Order on two points. First, it concluded that applicants for individual reparations should be able to contest the decision taken by the Trust Fund for Victims on their eligibility for individual reparations before the Trial Chamber, which would make the final determination in this respect. The Trial Chamber may also review the assessment by the Trust Fund for Victims proprio motu. Second, the Appeals Chamber found applicants who do not wish that their identities be disclosed to Mr Al Mahdi may nevertheless be considered for individual reparations; however, in that case, their identities will be disclosed to the Trust Fund for Victims.

Public redacted Judgment on the appeal of the victims against the "Reparations Order"

Summary of the judgment

Background: On 27 September 2016, Trial Chamber VIII found Mr Al Mahdi guilty of the war crime consisting in intentionally directing attacks against religious and historic buildings in Timbuktu, Mali, in June and July 2012 and sentenced him to nine years' imprisonment. On 17 August 2017, Trial Chamber VIII issued a Reparations Order concluding that Mr Al Mahdi was liable for 2.7 million euros in expenses for individual and collective reparations for the community of Timbuktu. Noting that Mr Al Mahdi was indigent, the Chamber encouraged the Trust Funds for Victims to complement the reparations award and directed the TFV to submit a draft implementation plan. The Legal Representative of Victims in this case subsequently appealed the Reparations Order.

The Appeals Chamber in this appeal is composed of Judge Howard Morrison, Presiding Judge, Judge Silvia Fernández de Gurmendi, Judge Sanji Mmasenono Monageng, Judge Christine Van den Wyngaert and Judge Piotr Hofmański.

For further information on the case, click here


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