Sudanese President could face genocide charges after ICC reverses ruling
|Publication Date||3 February 2010|
|Cite as||Amnesty International, Sudanese President could face genocide charges after ICC reverses ruling, 3 February 2010, available at: http://www.refworld.org/docid/4b6aba151a.html [accessed 12 December 2013]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
The ICC issued an arrest warrant for crimes against humanity and war crimes in March 2009 against President Bashir, but did not include genocide charges because the court's Pre-Trial Chamber applied too high a standard of proof to the evidence. ICC Prosecutor Luis Moreno-Ocampo today won his appeal against the Pre-Trial Chamber's ruling.
"The ICC Prosecutor was asked to prove that the only reasonable inference from the evidence he presented was that the President was responsible for genocide," said Christopher Keith Hall, Senior Legal Adviser at Amnesty International. "In effect, this was requiring the Prosecutor to prove him guilty - something that can only be done at trial."
"The Pre-Trial Chamber must now reassess the evidence against President Bashir to decide whether it can charge him with genocide," said Christopher Keith Hall.
Amnesty International urged President al Bashir to surrender himself to stand trial over the war crimes and crimes against humanity charges he already faces.
"President Bashir is a fugitive from international justice, charged with responsibility for crimes against men, women and children, including murder, rape, torture and forced displacement," said Christopher Keith Hall.
President Bashir has travelled outside Sudan on a number of occasions following the charges brought by the ICC, however, he has not yet been arrested.
"All states who have signed up to the Rome Statue underpinning the ICC which have an absolute obligation under that treaty to arrest him immediately if he enters their territory and to surrender him promptly to the court," said Christopher Keith Hall
"Sudan is required by Security Council Resolution 1593 to cooperate with the International Criminal Court, which means to arrest and surrender him. In addition, other states which have not yet ratified the Rome Statute must not offer him a safe haven when he visits."
An arrest warrant for President Omar al Bashir was issued by the ICC over his role in the Darfur conflict that has seen more than 300,000 killed, thousands raped, and millions forcibly displaced.
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Turkey: No to safe haven for fugitive from international justice (News, 6 November 2009)
Nigerian government must arrest Sudanese President during visit (News, 23 October 2009)
Uganda: Amnesty International says government obliged to arrest Sudanese President (Press release, 16 October 2009)
African Union refuses to cooperate with Bashir arrest warrant (News, 6 July 2009)
UN Security Council should support ICC over Darfur (News, 5 June 2009)