ADDRESSING VICTIM'S IDENTIFICATION IN AHMAD ALFAQI AL MAHDI REPARATIONS ORDER: LESSONS FROM INTERNATIONAL CRIMINAL COURT

Abstract

Abstract

The trial, convictions and sentences of Ahmad Alfaqi Al Mahdi by International Criminal Court (ICC) on lone offence of destructions of mosque in Timbuktu Mali, in 2012 generated a novel and evolving criminal jurisprudence on the protection of cultural properties. The paper revealed that this marked the first time war crime of this nature constitutes principal issue against a perpetrator before the ICC. It was further revealed that this was the first time an Islamist armed group faced war crime charges before the Court. The plea of guilt by Ahmad Mahdi on August 22, 2016 along with the consequential nine years sentences snowballed into a good signal for efficient, expeditious and timeous prosecution of war crimes. The paper argued that the reparations order awarded in favour of Mali as a Nation, the World Community, Timbktu Community, and several individuals of close affinity with the protected sacred buildings as well as the symbolic Euro awards remained notable improvements in the reparation’s regime of ICC. Advancing on the above arguments. The paper adopts doctrinal research method in its analysis by identifying victims who are entitled to reparations in the war crime of destruction of cultural heritage artefacts known to be new and worrisome in international criminal law jurisprudence.  The paper concludes with recommendations that the omissions of unborn generations and discriminatory practices against female gender in Mali have adverse effects on the growth of ICL reparations processes. Ultimately, the paper made recommendations that would enhance the reparations regime of the ICC in respect of crimes of attacks on global historic and cultural vestiges.