The Pre-Trial Chamber I confirmed charges against Al Mahdi for, inter alia, aiding, abetting or otherwise assisting war crimes pursuant to Article 25(3)(c) of the Rome Statute, by intentionally directing attacks against historic, religious monuments and buildings in Mali. Later, in September 2016, the Trial Chamber VIII unanimously found Al Mahdi guilty, as a co-perpetrator, of the alleged war crime.
1. Assistance to the commission of a crime
2. When engaging in this conduct of assistance, “he or she intends to facilitate the commission of the crime” (¶ 26)
ACTUS REUS: “It is not required that the assistance be ‘substantial’ or anyhow qualified other than by the required specific intent to facilitate the commission of the crime (as opposed to a requirement of sharing the intent of the perpetrators)” (¶ 26).