ICC to consider genocide charges against al-Bashir
By Joel Gabri
The Appeals Chamber of the International Criminal Court has today ruled that the decision not to consider charges of genocide against Omar al-Bashir, President of Sudan, was wrong.
In March last year the Pre-Trials Chamber of the ICC (the division responsible for the confirmation of charges & issuing of arrest warrants), decided to issue an arrest warrant against Omar al-Bashir for war crimes and crimes against humanity, but determined that the arguments put forward by the prosecution in regards to the charge of genocide were not strong enough for them to consider the issue.
The prosecution appealed this decision, and it is on this issue the Appeals Chamber has today ruled. The chamber has, by unanimous agreement, decided that the Pre-Trial Chamber subjected the charge of genocide to a far higher burden of proof than the arrest warrant stage of the process required. Today’s decision was not about whether al-Bashir should be charged with genocide, merely that the original court’s decision to not consider it was wrong. The case has now been referred back to the Pre-Trials Chamber for a decision based on the reasonable level of proof.
Posted by Joel Gabri, Insight on Conflict, 3 February 2010
This work is licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License.One Response to “ICC to consider genocide charges against al-Bashir”
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Joel Gabri
Joel is Web Editor for Insight on Conflict and Peace Direct. He holds a degree in Peace and Conflict Studies, during which his dissertation focused on the use of the internet to assist and promote peacebuilding.
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Ayen Dau on Oct 21st 2010
this is crazy how are they going to have a proof when they already know that al-Bashir is doing everything underground….He’s probably using his Arabs people to help him out….there is no ways of telling if there is proof or not. all that is needed now is to have a close eyes on him because nobody know what else he’s going to do…