20TH SESSION OF THE ASSEMBLY OF STATES PARTIES
10th December 2021
Name of the Event: Trust Fund for Victims: Movie screening of the reparation awards in the Al Mahdi case (co-hosted by: Italy, the UK, and the Trust Fund for Victims)
Report by: Guillermo Ferrer Hernáez, Junior Research Associate PILPG-NL
Speakers:
Antonin Rabecq: FIDH Delegate in Côte d'Ivoire and Guinea at the International Federation for Human Rights;
Alexandra Xanthaki: Special rapporteur on cultural rights;
Mama Koité Doumbia: Chair of the Board of Directors of the Trust Fund for Victims at the International Criminal Court;
Joana Roper: Ambassador to the United Kingdom;
Fatou Bensouda: Former Prosecutor of the ICC;
Ben Essayouti: Director of the library of the Mausoleum;
Edmon moukala: UNESCO Representative to Mali;
Kaourou Magassa: Journalist, human rights activist, and correspondent of TV5 monde;
Elhadj Mahamane: Human rights and cooperation manager;
Chloé T Simard: Program analyst - global affairs Canada.
Highlights:
The panelists called for the defense of the right to cultural heritage within the international community.
The panelists agreed that the Al Mahdi case constituted a landmark case for the defense of the right to cultural heritage.
The panelists urged the international community to continue implementing measures for preventing the destruction of cultural heritage.
The panelists highlighted that further commitment and collaboration between international actors must be taken.
Summary of the event:
The first speaker, Antonin Rabecq, noted the importance of preserving cultural heritage, specifically in cases of armed conflict. He emphasized that the movie screening of the reparations awards in the Al Mahdi case is essential to take collective action. Rabecq highlighted that the message behind this oeuvre d'art is to show the significance of these cultural sites and the necessity of preventing their dismantling. He argued that individual and collective reparations must be made in this event.
The second speaker, Joana Roper, the British Ambassador to the Netherlands, recognized the importance of collective reparations and highlighted the role of UNESCO in categorizing monuments as protected. These specific buildings constitute an intrinsic part of the culture, identity, and livelihood of millions of people, and whenever they are damaged or destroyed, individual reparations must be made to victims. Roper counted all the monetary donations made by the international community and the Trust Fund for Victims for restoring the mausoleums of Timbuktu. She expressed her appreciation for including women in the reparation process.
The third speaker, Mama Koité Doumbia, Chairperson of the Trust Fund for Victims, recognized the role of UNESCO and the international community in establishing such a quick response to the destruction of the Timbuktu monuments. She congratulated the team of Mali for their hard work in restoring these monuments and implementing reparations. Moreover, she underlined the Trust Fund for Victim's role in overcoming all the obstacles faced in Mali.
The panel continued with the screening of the movie, in which the significance of the main destroyed buildings of Timbuktu was highlighted. These buildings are the main epicenter of the social and cultural lives of the Timbuktu people, hosting many crucial traditions, such as weddings, social events, and religious acts.
After the screening, the panelists discussed the importance of indemnifying the victims individually and collectively. These processes could start from monetary compensation but could also include moral compensation. Al Mahdi's acceptance of guilt helped overcome the suffering caused by the destruction of these monuments.
The fourth speaker, Monsieur Edmon Moukala, noted the importance of safeguarding properties and underlined that this was the first time that cultural rights were protected in an international court. Moukala claimed that the ICC had defended the memory of the Timbuktu community by delivering such a verdict. He emphasized UNESCO's mission of safeguarding cultural and natural landscapes and improving the lives of the communities that live across those places. The social cohesion of communities must never be put in danger, and whenever this cohesion is violated, perpetrators must be brought to justice. Moukala underlined that the Al Madhi case was the first historic victory and that the message sent to the international community is that no further impunity will be tolerated. He noted that there will always be repercussions for destroying these monuments and that perpetrators should think twice about committing such crimes against humanity.
Former ICC Prosecutor Fatou Bensouda congratulated the community of Mali and Mama Koite for their labor. She highlighted the role of the Rome Statute as a tool for holding accountable perpetrators of crimes against humanity. Furthermore, she acknowledged that the ICC has made history by delivering this verdict and that the Trust Fund for Victims is doing its best to compensate victims of these crimes.
Ben Essayouti recognized the importance of considering a property as a world heritage site because of the protection afforded by the label. He provided examples of these prerogatives such as the moral compliance of victims, the implementation of reparations, and the visibility of these monuments. Elhadj Mahamane underlined the same idea and noted the importance of not forgetting the history of these communities, as most of their values are entrenched in it.
Alexandra Xanthaki reflected that cultural rights are entrenched with other fundamental human rights, such as the right to life. Firstly, she discussed the role of international human rights law in protecting cultural rights. She argued that international human rights law provides examples of the best practices for safeguarding cultural rights. She emphasized that traditionally cultural rights have been seen as the "cinderella" of human rights, but its importance has been reinforced in this Al Mahdi case. Moreover, she expressed that in her mandate as a Special Rapporteur on cultural heritage, she will be dealing with the politicization of reparations for women. Xanthaki will ensure that all individuals will be given specific and sufficient reparations.
Finally, Chloé T Simmard reiterated that experts and human rights activists must consider the role of women in peace in conflict and that reparations should also be given to them, as in the Al Mahdi case.