STUDY GUIDE

FSC

COPERNICUS
MODEL UNITED NATIONS
AUTUMN EDITION
 TOPIC
The Prosecutor v. Al Hassan

Drafted by: Emilia Połczyńska & Ezdrasz Antoni Siwkiewicz

Designed by: Zuzanna Jędrzejczak

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Welcome letter from the Chairs 4

Introduction to the International Criminal Court 5

Members of the court and their roles 5

Presidency 5

Advocates 6

Judges 6

Prosecutors 6

Procedural differences 6

Pre-conference preparation 6

Opening Statements 7

Presentation of Evidence 7

Deliberations of the Judges 7

Rebuttal and rejoinder 7

Witnesses’ testimonies 7

Closing statements 8

Further deliberations and judgement 8

Introduction to the topic 8

Situation in the Republic of Mali 8

Background information 9

Present development 9

Further reading 10

Bibliography 10

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Welcome letter from the Chairs
Dear Advocates, Judges, and Prosecutors,

It is our greatest pleasure to welcome you all to the International Criminal Court at Co-
pernicus Model United Nations 2022. We are delighted to serve as your presidency for
the aforementioned time being. We hope that this study guide will give you a solid start
to your conference preparations.

The ICC is different from other committees. It is perfect for those of you who want to be
lawyers in the future, as the ICC proceedings on CoMUN 2022 will be a simulation of a
court trial. We hope that you will enjoy this form of MUN, even though it is not an easy
one. We encourage you to do extensive research on the topic and not stop at the last
page of the document provided by us. You are required to find all the valuable informa-
tion regarding the case and use it well to defend your point of view and gain a better un-
derstanding of the proceedings.

Whether you are an experienced MUN participant or a first-timer (in the ICC or gener-
ally), CoMUN 2022 will be a great opportunity to develop your debating skills and be-
come more inquiring, open-minded, and reflective people but also have fun. We would
like each of you to get the most out of this experience and we promise to make it as
memorable as it is within our powers to provide. However, remember to take advantage
of those 4 days and do not be afraid to take action. Should you have any questions, do
not hesitate to contact us.

We wish you the best of luck and are looking forward to meeting you in Warsaw!

xoxo
ICC Chairs

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Introduction to the International Criminal Court

The International Criminal Court (ICC) is an international body that investigates, tries,
and prosecutes individuals accused of grave crimes, specifically aggression, genocide,
crimes against humanity, and war crimes. After a string of horrific human rights viola-
tions in the 20th century, a conference of 160 countries came together on July 17, 1998.
They drafted and later adopted the treaty known as the Rome Statute, which established
the ICC along with its rules and procedures.

The Rome Statute, a multilateral agreement that serves as the ICC's charter and govern-
ing document, went into effect on July 1, 2002, and the court officially started operating
on that date. States that ratify the Rome Statute become members of the International
Criminal Court (ICC) and sit on the Assembly of States Parties, which oversees the court.
There are 123 ICC member states as of March 2022; 42 states have not ratified the Rome
Statute or joined it as parties.

Referred to as the “court of last resort,” the ICC will only act when state parties are “un-
able or unwilling” to investigate or prosecute the perpetrators. In this way, the ICC is
much less bound by the limitations of state sovereignty than other UN bodies. Situations
in states who are not a party to the Rome Statute can also be referred to the ICC by the
Security Council. Unlike the International Court of Justice (ICJ), the ICC tries individuals
rather than states. The Court can only investigate or prosecute State Party nationals,
either in the territory of a State Party or a state that has accepted ICC jurisdiction.

The Rome Statute establishes certain rights for the accused and people during investiga-
tions and states that everyone is presumed innocent until proven guilty beyond a reas-
onable doubt. These include the right to a prompt trial, the right to free legal representa-
tion, the right to a full explanation of the charges against them, and the right to cross-ex-
amine any witnesses.

A hybrid common law and civil law judicial system is used to conduct trials, but some
have argued that the court's procedural orientation and character are still developing. In
a bench trial, a decision may be made by a majority of the three present judges acting as
the triers of fact. This decision must include a thorough and reasoned justification. Trials
are supposed to be open to the public, but frequently they are not, and the specific ex-
ceptions to this rule have not been stipulated. For the protection of witnesses, defend-
ants, and sensitive or confidential evidence, in camera proceedings are permitted.

Members of the court and their roles

Presidency
The Presidents are supposed to direct and supervise the Court’s work. Usually, they also
take an active role in the deliberations, as judges. However, during the MUNs, they just
act like chairs do in other committees.

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Advocates
Since it has to be remembered that the defendants are always presumed innocent until
proven guilty, they are entitled to fair proceedings. Advocates are the key component of
a fair trial - they represent and protect the rights of the defendant. The Defence has to
prove that the accused is innocent or that there are inconsistencies that could lead to
reasonable doubt in the case.

Judges
Judges do not represent any specific country or policy, their decisions are strictly based
on their morals and knowledge, all this while being objective. They shall have knowledge
of the case and during the trial, listen carefully and ask questions. Judges should be un-
biased but must remain open to the opinions of other judges. The Judges must be famil-
iar with the Rome Statute (especially at the judgement writing stage, where Judges must
refer to the specific articles of the RS in their arguments).

Prosecutors
Prosecutors are responsible for examining the situations under the jurisdiction of the
Court where crimes against humanity, genocide, war crimes, and aggression appear to
have been committed. They shall carry out investigations and prosecutions against those
individuals that are most likely responsible for such crimes.
The Prosecution has the burden of proof, or onus probandi. They must convince the
judges that the accused is, beyond any reasonable doubt, responsible for the crimes
they are charged with. Therefore, the Prosecution must point out both that the crimes
have taken place and that the defendant is responsible for the crimes in question.

Procedural differences
In general, the ICC deliberations are quite different from the debates in regular MUN
committees. We will briefly walk you through each stage of the trial.

Pre-conference preparation
Memorial
Advocates and Prosecutors shall prepare a Memorial, a document consisting of the main
arguments of a party. All arguments should be based on legal principles and legal docu-

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ments and should not be constructed under ethical or moral reasoning. The memorial
made by the Prosecution should also include the penalties sought for the accused.
Evidence list
Defence and prosecution are required to prepare an evidence list before the conference.
It should include all evidence that will be used to support the arguments used before the
Court. You can provide 6 pieces of evidence maximum - choose legal documents/state-
ments, statistics, videos/photos, and treaties rather than online articles about them.
Each item on the list must be numbered according to its importance.
Opinion of a Judge
All Judges should prepare an Opinion, which is their understanding of the case.

Opening Statements
Both the prosecutors and the advocates shall deliver a speech, which is called the Open-
ing Statement. It is a summary of the Memorials and should last no more than 20
minutes. This time should be an opportunity for the parties to present the Judges with
their arguments most effectively and persuasively.

Presentation of Evidence
After the Opening Statements presentation, the prosecution and defence are to start
presenting their earlier prepared evidence. All evidence provided must be reliable and
relevant to the case. Each side should elaborate on the importance of the evidence. The
presentation of evidence is the first part of the proceedings in which questions are al-
lowed.
Questioning by the opposing side
The opposing side can ask up to 5 questions regarding the presentation of evidence.
One follow-up is allowed as well.
Questioning by the Judges
There is no limit when it comes to questions from the Judges (however, do not overdo it)

Deliberations of the Judges

After the evidence is presented, the Advocates and Prosecutors are excused, and the
Judges meet for deliberations. The time for deliberations will be left to the discretion of
the Presidency. The Judges will have the possibility of sharing their thoughts, comments,
questions, and doubts with other Judges. After the debate, a vote is carried out on
whether the Judges see a necessity of extra pieces of evidence. The judges might accord
either of the sides to present up to 3 new pieces of evidence.

Rebuttal and rejoinder

Once the deliberations are over, the Advocates and Prosecutors are to come back to the
courtroom and present the rebuttal and rejoinder speeches. Those speeches are to in-
clude a summary of all arguments, with adequate evidence presented. Generally, they
shouldn't take more than 15 minutes, although time extensions are possible.

Witnesses’ testimonies
After the rebuttal and rejoinder period, both teams shall introduce witnesses. At first,
the introducing party is to interview the witness. Then, the opposing party is to do the
same. At last, the judges also get the opportunity to ask questions. The questions are to
make sense within the topic - we know, we all want to know each war crime victim’s fa-
vorite color, but that’s a topic fit for lunch break.

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Closing statements
After the testimonies, both parties shall present their speeches. They should sum up
their opinion and ruling on the case, relying on facts presented in the Court. The
speeches should last up to 20 minutes and each of them can be met with questions by
the Judges (up to 7).

Further deliberations and judgement

After the conclusion of the closing statements, the Presidency will call an indefinite re-
cess for the final deliberations. Judges, assisted by the Presidency, will convene in a
closed session to decide whether the Defendant is responsible under charges of the
Rome Statute and to what extent. Any votes during deliberations are taken by majority
vote amongst the judges. The judgement, written by the judges with the support of the
Presidency, shall conclude with a clearly formulated decision concerning the separate
points of the claim.

Introduction to the topic

Situation in the Republic of Mali

Mali ratified the Rome Statute on 16 August 2000 and referred the situation in its territ-
ory since January 2012 to the ICC. The ICC may exercise its jurisdiction over crimes listed
in the Rome Statute committed on the territory of Mali or by its nationals from 1 July
2002 onwards.

Investigations in Mali have been focused on suspected war crimes that are believed to
have occurred since January 2012, primarily in the three northern areas of Gao, Kidal,
and Timbuktu, with incidents also taking place in Bamako and Sévaré in the south.

"In 2012, the Situation in Mali was marked by two main events: first, the emergence of a
rebellion in the North on or around 17 January, which resulted in Northern Mali being
seized by armed groups; and second, a coup d'état by a military junta on 22 March,
which led to the overthrowing of President TOURE shortly before Presidential elections
could take place," according to an Article 53(1) Report that the Office of the Prosecutor
released when the investigation was first opened in January 2013.

According to the report, the northern rebellion involved the deliberate destruction of
Muslim saints' shrines in Timbuktu, attacks on military bases in Gao, Kidal, and Tim-
buktu, and the alleged execution of between 70 and 153 detainees at Aguelhok, and in-
cidents of looting and rape. Separately, there have been reports of torture and enforced
disappearances in the context of the military coup.

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According to the Prosecutor, there is a reasonable basis to believe that the following
crimes were committed in Mali:

war crimes, including murder; mutilation, cruel treatment, and torture; intentionally dir-
ecting attacks against protected objects; passing sentences and carrying out executions
without prior judgment pronounced by a regularly constituted court; pillaging; and rape.

ICC has issued two investigations regarding the situation in Mali, one suspect (Ahmad Al
Faqi Al Mahdi) was found guilty and sentenced to 9 years in prison in 2016. There’s an-
other ongoing investigation regarding the situation of Al Hassan, who is suspected of
war crimes and crimes against humanity allegedly committed in 2012 and 2013 in Tim-
buktu, Mali.

Background information
Al Hassan is a Malian who is alleged to have joined Ansar Dine in early 2012 and become
an interpreter and administrator of the Islamic Police in Timbuktu during the Northern
Mali conflict. He is on trial on charges of crimes against humanity and war crimes carried
out during 2012 and 2013, including rape and sexual slavery under Article 8 2. (e)(vi) of
the Rome Statute of the ICC. Ansar Dine and al-Qaeda in the Islamic Maghreb (AQIM)
maintained military control over Timbuktu between April 2012 and January 2013. Ansar
Dine and AQIM created a religious police force, a morality squad, and an Islamic court,
which severely punished local people who disobeyed their rules, with imprisonment, un-
fair trials, flogging, torture, and the destruction of religious objects. Al-Hassan joined An-
sar Dine in early 2012. He became the de facto leader of the police force, with forty po-
licemen under his control. Al-Hassan also cooperated with the Islamic court, knowing, ac-
cording to the ICC, that the court acted unfairly and participated in the execution of
court punishments and the destruction of Muslim mausoleums in Timbuktu. Al-Hassan
was also involved in a forced marriage program that turned Timbuktu's women and girls
into sex slaves.

Present development
The warrant of arrest for Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud was is-
sued on 27 March 2018. He was surrendered to the ICC on 31 March 2018. He is in the
Court's custody. The confirmation of charges hearing took place from 8 to 17 July 2019.
On 30 September 2019, Pre-Trial Chamber I issued a personal decision confirming the
charges of war crimes and crimes against humanity brought by the Prosecutor against
Mr. Al Hassan and committed him to trial. The redacted version of the decision was pub-
lished on 13 November 2019. On 23 April 2020, Pre-Trial Chamber I partially granted the
Prosecutor's request to modify the charges against Mr. Al Hassan; the redacted version
of this decision was published on 11 May 2020. The trial opened on 14-15 July 2020, in-
cluding the opening statement of the Prosecutor.

The trial resumed on 8 September 2020, when the Prosecution started to present its
evidence and call its witnesses before the judges. 52 oral witnesses were called by the
Prosecution at this stage.

On 8 February 2022, the Legal Representatives of Victims made their opening state-
ments before the judges. From 8 to 10 February 2022, the Legal Representatives called
two witnesses to testify.

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Next steps: On 9 May 2022, the Defence of Mr. Al Hassan made its opening statement
before Trial Chamber X. The first Defence witness started testifying on 10 May 2022 and
the presentation of evidence of the Defence is currently ongoing.

Further reading
https://www.courthousenews.com/malian-war-crimes-suspect-kicks-off-defense-at-the-
hague/

Ask the Court - Al Hassan case: Confirmation of charges decision (video)

International Justice Monitor - info on gender-based persecution in Mali (we highly re-
commend the IJ Monitor for further research) - https://www.ijmonitor.org/2020/07/writ-
ing-the-jurisprudence-on-gender-based-persecution-al-hassan-on-trial-at-the-icc/

https://www.icc-cpi.int/mali/al-hassan

Bibliography
https://www.icc-cpi.int/about/in-the-courtroom
https://www.icc-cpi.int/mali/al-hassan
https://en.wikipedia.org/wiki/International_Criminal_Court
https://en.wikipedia.org/wiki/Al-Hassan_Ag_Abdoul_Aziz

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