The Perennial Question of the Scope of ‘Attack’ in Conduct of Hostilities War Crimes: The Al Hassan Trial Chamber’s Failure to Answer (July 19, 2024)

Trial Chamber X of the International Criminal Court (ICC) delivered its judgment in the Al Hassan case, sparking significant discussion regarding the Chamber's unclear stance on gender-based persecution. Initially, the case seemed poised to clarify the definition of 'attack' in war crimes, an issue that has long eluded the ICC. However, the insufficiency of evidence linking Al Hassan to the destruction of cultural sites in Timbuktu led to his acquittal without a legal characterization of these acts. This omission leaves unresolved questions about the scope of 'attacks' under international humanitarian law. The Al Hassan judgment missed an opportunity to provide clarity, thus perpetuating ambiguity in ICC jurisprudence.