Jailing Jihadis for Destroying Treasures – The Daily Beast
2016/08/25 Leave a comment
Appropriately, this trial and verdict are getting considerable attention:
The monsters of al Qaeda and the so-called Islamic State probably never will be held to account the way the Nazis were at the Nuremberg Tribunals after World War II. The snarled red tape and convoluted politics of today’s international organizations will frustrate such grand designs for justice, even after the self-proclaimed “caliphate” is reduced to dust on the ground and unread footnotes in history.
But the trial going on at the International Criminal Court in The Hague this week gives us a hint of what can be done, and, indeed, what must be done.
The defendant, Ahmad al Faki al Mahdi, served the branch of al Qaeda in North Africa that very nearly took over all of the nation of Mali in 2012, until French troops intervened. The terrorists’ greatest prize was the ancient city of Timbuktu, al Mahdi’s hometown, and he did everything he could to show he supported his fanatical mentors’ gruesome diktats.
But al Mahdi is not on trial for the amputations, beheadings, torture, and rapes associated with the “holy war” waged by al Qaeda, ISIS, and their offshoots.
Al Mahdi is on trial for massacring history.
We have seen a lot of savage iconoclasm over the last 15 years. In 2001, the Taliban brought down the towering twin statues of Buddha in Bamayan, Afghanistan—a prelude to the operation by their allies in al Qaeda, who brought down the twin towers of the World Trade Center in New York only a few months later.
More recently we’ve seen the devastation wrought by ISIS on the ancient monuments of Nimrud in Iraq, and those of Palmyra in Syria: winged bulls turned to gravel with jack-hammers, the Temple of Baal erased from the map with high explosives.
These would-be holy warriors claim to have a direct line to God, a unique and exclusive understanding of His Truth. They are determined to destroy anyone and anything that does not fit their view, and they do all this in the name of Islam.
So it is worth noting that al Mahdi is on trial, specifically, for leveling the mausoleums of Muslim saints in a city that was one of the cradles of Islamic civilization, and that the prosecutor who leveled the charges against al Mahdi in court on Monday, Fatouh Bensouda, is a Gambian woman from a large Muslim family. She knows where this guy is coming from, which may account in part for the power and passion of her opening statement.This trial, said Bensouda, is about answering “the destructive rages that mark our times, in which humanity’s common heritage is subject to repeated and planned ravages.”
The mausoleums al Mahdi destroyed were “the embodiment of Malian history, captured in tangible form, from an era long gone yet still very much vivid in the memory and pride of the people who so dearly cherished them.”
“Your honors,” Bensouda told the judges, “culture is who we are.”
Bensouda has been criticized for failing to make the ICC a new Nuremberg. But the criteria she has to work with are suffocating and contradictory.
The court has no jurisdiction over territories where the government is not a party to the Rome Statute that established the court in 1998. So the court has no territorial jurisdiction over the ISIS heartland that straddles Iraq and Syria, neither of which signed on.
