Forced Marriage in the Al Hassan Trial Judgment (July 23, 2024)

On June 26, 2024, Trial Chamber X of the International Criminal Court (ICC) issued the Trial Judgment in the Al Hassan case, concerning international crimes in Timbuktu, Mali, by Ansar Dine and AQIM (Al Qaeda in the Lands of the Islamic Maghreb). Despite charges  that included war crimes and crimes against humanity such as forced marriage and rape, Al Hassan was acquitted of all gender-related charges, leading to confusion and disappointment among victims and observers. Although the judgment highlighted the coercive environment in Timbuktu where forced marriages occurred, with Judge Prost convicting Al Hassan, Judges Mindua and Akane acquitted him for different reasons. Mindua cited duress, while Akane claimed a lack of nexus and contribution to the crimes. The majority opinion affirmed that forced marriages were perpetrated by Ansar Dine/AQIM, facilitated by Al Hassan. The judgment's flaws, particularly in understanding the coercive context and gendered violence, make it likely to be appealed. The Appeals Chamber may yet bring justice and reparations for the victims.