ICC appeal judges remand Bashir case to Pre-trial chamber for genocide review
February 3, 2010 (WASHINGTON) – The Appeals chamber judges at the International Criminal Court (ICC) on Wednesday reversed a decision by Pre-Trial judges that prosecutors had not provided sufficient evidence to charge Sudanese President Omar Hassan al-Bashir with genocide.
“The decision by the pre-trial chamber not to issue a warrant in the respect of the charge of genocide was materially affected by an error of law and it is for this reason the appeals chamber has decided to reverse the decision,” ICC judge Erkki Kourula said in reading the appeal’s ruling.
Last year the Pre-Trial Chamber I issued an arrest warrant for Bashir on five of crimes against humanity and two of murder but the majority of the judges (2 out of the 3 judges) decided that the evidence presented by the prosecutor Luis Moreno-Ocampo does not meet the threshold required by Genocide convention and Rome Statue to establish that the gravest crime has been committed in Darfur.
Ocampo accused Bashir of masterminding a campaign to get rid of the African tribes in Darfur; Fur, Masalit and Zaghawa, something which Khartoum vehemently denies labeling the accusations leveled at the Sudanese president as “lies” and a “Western conspiracy”.
The prosecutor’s central argument is that the Rome Statute only requires the judges to affirm that there is “reasonable evidence” that an individual committed a certain crime for the issuance of an arrest warrant.
His appeal contends that the judges applied a higher threshold of evidentiary proof than required at this stage of the proceedings thus the ruling will determine “whether the Pre-Trial Chamber applied the correct legal test under article 58 of the Statute to determine whether there are reasonable grounds to believe that Omar Hassan Ahmad Al Bashir is criminally responsible for genocide”.
(ST)
Hillary B.M.L,M
ICC appeal judges remand Bashir case to Pre-trial chamber for genocide review
Sorry, he will not run for Presidency if Genocide charge is added. Bad news for Albasher Supporters if that happen.
Gatluak Bil
ICC appeal judges remand Bashir case to Pre-trial chamber for genocide review
Please never allow the most wanted criminal Bashir he deserves hanging like his former strong aliances Sadam Hussen.
kitir
ICC appeal judges remand Bashir case to Pre-trial chamber for genocide review
Bravo mr occampo but what is the next step after the genocide charges & Bashir is challanging the your arrest werrant and travilling whereever he likes,please do somthing to arrest this scaped criminal and bring him to the court…..
Bor Nhom
ICC appeal judges remand Bashir case to Pre-trial chamber for genocide review
What surprises me is that,how come ICC became mad at the Darfurian’s rebels.These people fought for equal right,justice and representation.
To me, Louis Morreno and International criminal court are toothless dogs who can just bark at the stranger without action.
Basically,the ICC is waiting for president Al-Bashir to step down just like the x-president of Liberia Charles Teylor who is now at the Huge.
Majok e Deng
ICC appeal judges remand Bashir case to Pre-trial chamber for genocide review
Arrest Bashir first for God’s sake. Arresting Bashir would mean a lot in Darfur, there will be a possibility for peaceful resolution to conflict in Darfur. Talking of genocide, it is an extreme form of discrimination and this is exactly what has happened and still is in Darfur. He intended to kill Fur Zagawa (excuse my spelling) and Masalit in Darfur instead of peaceful settlement.