This article analyses the attacks against moderate Muslim populations allegedly perpetrated in Mali after January 2012 by the group Ansar Dine. In January 2013 the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) discarded the investigation of crimes against humanity in favour of pursuing war crimes allegations. This article critically assesses the factual elements and the OTP decision and concludes that there is, in fact, a reasonable basis to believe that crimes against humanity were committed by the aforementioned group and that the destruction of shrines, tombs and mosques in Timbuktu could be considered a crime against humanity of persecution under the ICC Statute.
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