Yesterday in The Hague, the International Criminal Court’s Appeals Chamber reopened a door that could allow Omar al-Bashir to face charges of genocide.
On March 4, 2009, the judges of the International Criminal Court’s Pre-Trial Chamber 1 issued an arrest warrant for Sudanese President al-Bashir on five counts of crimes against humanity and two counts of war crimes. The Pre-Trial Chamber did not include in the warrant the three counts of genocide requested by the court’s Prosecutor, Luis Moreno-Ocampo.
Yesterday, the Appeals Chamber unanimously reversed the Pre-Trial Chamber’s decision not to include the crime of genocide in the warrant, on the basis that the Pre-Trial Chamber applied an erroneous standard of proof. The ruling upheld an appeal submitted by the ICC’s Prosecutor in July 2009.
In yesterday’s ruling, the Appeals Chamber held that the Majority (2) of the ICC’s three Pre-Trial Chamber judges applied an incorrect standard of proof when it required that the existence of reasonable grounds to believe that Omar al-Bashir is criminally responsible for genocide must be the only reasonable conclusion from the evidence presented by the Prosecutor. It noted:
In the view of the Appeals Chamber, requiring that the existence of genocidal intent must be the only reasonable conclusion amounts to requiring the Prosecutor to disprove any other reasonable conclusions and to eliminate any reasonable doubt.
The Appeals Chamber noted that such an evidentiary threshold is higher and more demanding than what the ICC’s Rome Statute requires for the issuance of an arrest warrant. The Rome Statute requires higher evidentiary thresholds for the confirmation of charges (“substantial grounds to believe”) and the threshold for a conviction (“beyond a reasonable doubt”).





What fuels my passion to continue working to help bring sustainable peace to Darfur and all of Sudan is the personal and working relationships I enjoy with the Darfuris and Sudanese refugees in my community. Boise is a major refugee resettlement and home to three resettlement agencies in town. Truthfully, the Darfuri and Sudanese people give me hope; their strength is inspiring and their stories gripping. I could never give up on the Sudan movement, because I am vested in the long race. This truly is a part of me, and I will work on their behalf until we bring an end to the genocide, rebuild the country, and restore Sudan to a peaceful state and to its citizens.



