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Decision on the Confirmation of Charges in the Al Hassan case : Expert Commentary - Part IV

Le 9 July 2020

Par Amoulgam Azé Kerté, Cheick Bougadar Diakite, Gonzague Dupas, Julia Grignon, Moussa Bienvenu Haba, Fannie Lafontaine, Claire Magnoux, Catherine Savard, Érick Sullivan, Philippe Tremblay

On 14 July 2020, the trial of Al Hassan Ag Abdul Aziz [‘Al Hassan’] will begin before the International Criminal Court, marking a major step in the fight against impunity for international crimes committed in Mali. Al Hassan, a member of the coalition formed by the armed groups Ansar Dine and Al-Qaeda in the Islamic Maghreb [‘AQIM’], will face charges of crimes against humanity and war crimes allegedly committed in the Timbuktu region between 1 April 2012 and 28 January 2013.

The last post of this series elaborated by the Canadian Partnership for Interntional Justice critically analyzes the respect of the rights of the accused in this case.

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Decision on the Confirmation of Charges in the Al Hassan case : Expert Commentary - Part III

Le 8 July 2020

Par Amoulgam Azé Kerté, Cheick Bougadar Diakite, Gonzague Dupas, Julia Grignon, Moussa Bienvenu Haba, Fannie Lafontaine, Claire Magnoux, Catherine Savard, Érick Sullivan, Philippe Tremblay

On 14 July 2020, the trial of Al Hassan Ag Abdul Aziz [‘Al Hassan’] will begin before the International Criminal Court, marking a major step in the fight against impunity for international crimes committed in Mali. Al Hassan, a member of the coalition formed by the armed groups Ansar Dine and Al-Qaeda in the Islamic Maghreb [‘AQIM’], will face charges of crimes against humanity and war crimes allegedly committed in the Timbuktu region between 1 April 2012 and 28 January 2013.

The third post of this series elaborated by the Canadian Partnership for Interntional Justice touches upon the charges of crimes against humanity, before examining specifically the implications of the confirmation of the charge of crimes against humanity of gender-based persecution.

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Decision on the Confirmation of Charges in the Al Hassan case : Expert Commentary - Part II

Le 7 July 2020

Par Amoulgam Azé Kerté, Cheick Bougadar Diakite, Gonzague Dupas, Julia Grignon, Moussa Bienvenu Haba, Fannie Lafontaine, Claire Magnoux, Catherine Savard, Érick Sullivan, Philippe Tremblay

On 14 July 2020, the trial of Al Hassan Ag Abdul Aziz [‘Al Hassan’] will begin before the International Criminal Court, marking a major step in the fight against impunity for international crimes committed in Mali. Al Hassan, a member of the coalition formed by the armed groups Ansar Dine and Al-Qaeda in the Islamic Maghreb [‘AQIM’], will face charges of crimes against humanity and war crimes allegedly committed in the Timbuktu region between 1 April 2012 and 28 January 2013.

The second post of this series elaborated by the Canadian Partnership for Interntional Justice argues that the accuracy of the charges confirmed prevents the repetition of errors made by the Office of the Prosecutor [‘OTP’] in the trial of Jean-Pierre Bemba, acquitted in 2018. Also, the confirmation of the charges of war crimes reveals a propre application of international humanitarian law.

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Decision on the Confirmation of Charges in the Al Hassan case : Expert Commentary - Part I

Le 6 July 2020

Par Amoulgam Azé Kerté, Cheick Bougadar Diakite, Gonzague Dupas, Julia Grignon, Moussa Bienvenu Haba, Fannie Lafontaine, Claire Magnoux, Catherine Savard, Érick Sullivan, Philippe Tremblay

On 14 July 2020, the trial of Al Hassan Ag Abdul Aziz [‘Al Hassan’] will begin before the International Criminal Court, marking a major step in the fight against impunity for international crimes committed in Mali. Al Hassan, a member of the coalition formed by the armed groups Ansar Dine and Al-Qaeda in the Islamic Maghreb [‘AQIM’], will face charges of crimes against humanity and war crimes allegedly committed in the Timbuktu region between 1 April 2012 and 28 January 2013.

The first post of this series elaborated by the Canadian Partnership for Interntional Justice will discuss the admissibility of the case in the light of the hierarchical position of the accused and the gravity criteria.

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How Much Can We Count on International Economic and Legal Measures to Bring the Syrian Conflict to an End? Reflections on the Caesar Act and Trials in Absentia

Le 17 June 2020

Par Ghuna Bdiwi

The Syrian situation has been deteriorating for years now, but some recent significant developments have been noted during the last few weeks. Disputes inside the al-Assad family’s inner circle, a major collapse in the Syrian pound’s exchange price, protests against the al-Assad government and several other incidents have taken place, but why? What are the elements that helped weaken the al-Assad regime? While the answer is very complicated and divergent arguments can be surfaced, activists on social media and some analysts point to two major factors that have contributed to such advancements. The first factor has an economic nature and is directly impacting the al-Assad regime, that is the approaching application date of the Caesar Syria Civilian Protection Act of 2019 (Caesar Act). The second factor is legal, that is the Koblenz trial in Germany, which has an indirect impact on the regime. Although the two factors are quite distant from each other, each have generated shakiness and instability within the system of the regime.

On the 17th of June 2020, the Caesar Act, which was signed by the U.S. president on the 20th of December 2019, will be activated. The act is expected to enforce strict economic measures on the al-Assad government and any party that deals with the regime. The aim is to stop the fatal war, halt the regime’s murderous attacks on Syrian civilians, and back a government transition in Syria that respects the rule of law and human rights. The act enforces measures against critical business and economic sectors, in order to halt transactions and dealings made with the government. It will investigate the activities of the Central Bank of Syria, hoping to establish whether or not it has been used by the al-Assad regime for money laundering activities. It imposes penalties and confiscates the funds of those involved in such acts, whether Syrian or any other nationality— as well as imposes travel and visa restrictions to the USA for those involved. The act also imposes sanctions against foreign persons who engage in transactions with the al-Assad government or provide, sell and support its government with any significant goods, materials, technological services, information, in addition to gas and petroleum activities, aircraft parts, military machinery and engineering services. However, according to the Act, sanctions can be lifted if the government halts its human rights violations against civilians, stops the killing – particularly the bombing of medical facilities, schools, residential areas, and community gathering places, releases detainees arbitrarily captured and political prisoners and allows for “safe, voluntary, and dignified return of Syrians displaced by the conflict.” Although the Caesar Act has been well-received by many activists and jurists – as it provides a glimmer of hope in the midst of international and legal inaction – residents of al-Assad controlled areas are concerned about the negative impacts of the act on civilians inside Syria.

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