The Government of Mali, through its Minister of Justice H.E. Malick Coulibaly, has referred the situation in Mali since January 2012 to the International Criminal Court (ICC) so that it might be ascertained whether one or more specific persons should be charged with the commission of crimes. The Malian Government says its courts cannot prosecute or try the perpetrators.
Earlier in the year, a coup toppled Mali’s democratic government. More recently, the northern part of the country has fallen into the hands of Islamist rebels.
The Government of Mali alleges that serious human rights violations and breaches of international law have occurred, including summary executions of Malian soldiers, rape, massacre of the civilian population, enlistment of child soldiers, torture, enforced disappearances, and the destruction of buildings and landmarks. Such acts are within the ambit of articles 7 and 8 of the Rome Statute.
According to a statement by ICC Prosecutor Fatou Bensouda, the Malian cabinet decided on May 30, 2012, to refer the situation to the ICC. Ms. Bensouda stated that her office had been following the Mali situation since violence erupted around January 2012. On July 1, Ms. Bensouda had warned that deliberate destruction of shrines in Timbuktu may constitute war crimes under article 8 of the Rome Statute.
The Prosecutor stated that she intends to engage in a preliminary examination of the situation to determine whether an investigation should be opened.
