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ICC appeal judges remand Bashir case to Pre-trial chamber for genocide review

Wednesday 3 February 2010 printSend this article by mail Send

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.

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ICC prosecutor Luis Moreno-Ocampo

The Hague-based court’s pre-trial chamber will now have to rule on whether to add genocide to Bashir’s charge sheet, which already includes seven counts of crimes against humanity and war crimes, including murder, extermination, torture and rape.

"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)

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18 Forum messages

  • Sorry, he will not run for Presidency if Genocide charge is added. Bad news for Albasher Supporters if that happen.

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    • Genoicide was all ready there, the news is that it has been recalled by the courts, which means the major crime out all the crimes he is accused of is withdrawn.

      This will only give the NCP more to boast about.

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    • The man has got money, he will convince them using that token.

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    • ICC is has no rule and principle for operation, no agandas why was it set up , imagine they said that , the will be waiting for Bashir if he travell to another Country . but he if doesnot travell. what will the do ?

      i appeal to the international organization to disolved that so call ICC because it is doing nothing,

      Mr Ocapho used that opportunity to get money from the international bodies not solved any problem

      people are dying in Darfur, Somalian are also dying, Kenya kill themselve during 2007 election Ochapho issued warrant of arrest last year but still beating his mouth,

      Let Bashir go ICC

      By Lual

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  • Please never allow the most wanted criminal Bashir he deserves hanging like his former strong aliances Sadam Hussen.

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    • OUR PRESIDENT H.E BASHIR, THE ONLY LEADER OF SUDAN, OUR REDEEMER FROM DINKA, OUR SAVIOUR, OHH THE HOLY ONE NO STUPID FOUL WILL PLAY WITH YOUR LIFE OR OUR SOVEREIGNITY, YOU THE SYMBOL OF FREEDOM WE SUDANESE LOVE YOU, AND ARE WILLING TO DIE WITH YOU.

      DOWN WITH OCAMPO, DOWN WITH SPLM

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      • Hi Man

        Fuck you,
        Stop using the word ’WE’Sudanese instead use ’I’ for your self.No one want Basher only you and your mother fucker,otherwise you are a crazy shit.

        Kinkak

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      • Please Shotup, who are you to say down,down SPLM, do you know how we arrive to put CPA ink on the paper? your monkey father Bashir will do nothing to people of Southern Sudan at this point. People of Southern Sudan shall soon have their own state and left you with your criminal Bashir.

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      • you Moran, what does it have to do with SPLM, Bashir is a wanted man . its People like you who make Sudan a bad place to live in. you always want to interfere with what others are doing. why don’t you get a job for your self. you racist punk

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      • Mr, Koolman.

        You will real die if you are trying to defending this Omar al Bashir criminal wanted in the worl. Frankly speaking, there is no joke in case of law so if you want this criminal to cover up possible you will die with him for sure. I don’t get what you mea by saying, Omar al Bashir is the symbol of freedom instead of saying, this criminal indictment was the root caused of all these disasters in the Sudan. I would like to reminder all Sudanese Idiots including you Mr, Koolman. The Sudanese of this generations are not same like the lasted Sudanese in the 1800 years ago, just bear in mind that, most majorities of the Sudanese people are already getting tired about this Islamic agendas which appeared to against none Arab in the Sudan. Listen to me here, the Sudan nation was written on the back of dictatorship leader like Omar Hassan Ahamed al Bashir. Every one has a chance to become a leader if that individual shown the sincerely and kindness, but such a rude and love to kills his own people are not accepted to lead the nation. I hope every single Sudanese citizen know the definition of Sudan if your parents have forgotten to tell you your originally nation from Middle East nations then, you must findout right a way. Therefore, if truly the definition of Sudan Country mean Land of Black people then, you have no point or right here to say you are willing to die in Sudan it will be a big mistake and you will probably die mistaken like that, because you have no any right to claim whatsoever in the Sudan nation.

        I am having hard time when trying to understand your whole sense Mr, Koolman unfortunately, I don’t see what message you are trying to tell us in this article of yours thus, I am assuming that, you are same Idiot as well as your uncle indictment killer. To be honest about Omar al Bashir, I hate him more than any one in the Sudan and I would like to see more action taken by the United Nation and the rest of ’’ International world body. This is a twenty 1st century where by all human beings on ’’ Earth are knowing more things than the last centuries where some leaders in the world were misleading their citizens for no reason and yes, we are ready to welcome the genocide case to be add to those war crimes cases and crime against humanity and the right for being born as a citizen in the nation. We were very doubt a little when the genocide case was left out when the ICC judges rule out in the last year, but I hope the ICC Judges did stood up from now when the indictment himself refusal to obey them and most importantly proof from Omar al Bashir is that, his government was been seen clearly continuous killing the rests of civilians in Darfuri Regions, and in the Villages.

        Koolman, I got to tell you to forget about Omar al Bashir and his government. Look belief me or not you have to understand the step Bashir had been taken first of all, he had committed to crimes in Sudan nation and there is no doubt about that, but after when he hear his indictment from the ICC Judges he did not act like the president of the nation as the pro, of Khartoum University had outline the reality about Omar al Bashir and he was right, this indictment is absolutely guilty by all mean and he will be defeated for sure and yes, he will be still asking by the ICC Judges to go in there and I don’t think the ICC case will go a way until he will accepted to stand up in front of Judges.

        For your slaming on the SPLM. I think the next president in the Sudan will be Arman if the Sudanese people want the Regime government change then, the Sudanese people should be allow to votes free and fairly ways of democartic in the Sudan. I hope the SPLM Party will be the winner on April this year. Personally, I ’m support the SPLM candidate Yasir Arman because I need the Sudan Regime to be change to democarcy system, the dictatorship government did control things that, are not supposed to be and there is no development in the hand of dictatorships government and so be hope for the SPLM president than, your uncle killer Omar al Bashir.

        Yasir Arman Oyeeee, SPLM Party Oyeeee, Long Live Of The SPLM Oyeeee, And Long Live Of Sudanese People Oyeeee. SPLA Oyeeee, SPLM Oyeeee. Omar al Bashir must go to hell.

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    • This court is a joke. Five judges couldnt make the decision, so they just want to delay it to leave Sudan hanging on a thread as long as possible. ITS ALL POLITICAL. The pre-trial chamber decided it was not to be added. Its like going to a doctor who tells you ’i dont think you have cancer’, you go to another doctor and he tells you i cant tell you if you have cancer but go back to your first doctor’. This is bull shit.

      You traitors who are waiting anxiously for a guilty verdict are fools. This still doesn’t mean bashir is guilty. Its called a pre-trial ... pre-trial you idiots. ITS NOT A TRIAL.

      IF YOU WANT BASHIR TO GO TO JAIL - THEN LETS CANCEL THE CPA. BECAUSE IT WAS HIM WHO SIGNED IT WITH YOU FOOLS. GIVING YOU THE CHOICE OF INDEPENDENCE. NON OF THE OTHER PARTIES AGREE WITH THE CPA YOU IGNORANT BLOOD-SUCKING PARASITE BACK STABBERS.

      I WOULD WORRY MORE ABOUT THE 4.3 MILLION OF YOU THAT ARE GOING TO BE STARVING WITH NO FOOD NEXT YEAR.

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  • 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.....

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    • Good mr occampo all the world ,s awared of correct move you have done therefore try to increassing your powers,In fact Sudanese were suffered alots in hand of Bashir,as it indicated that you had found crime genocide charges and others criminals acts from him and Bashir still continouing challanging your arrest werrant.my advise is that try bring him to the court and if there is no implementation of arrest of Bashir however he could continouse use political assassination to Sudanese parties like what happened to foreigner Affair minister Mr Deng Alor Kuol,The NCP had planed to assassinated him but God of SPLM/A is there, nothing so ever will happen again, let that york be carried by late leader John Garang Alone.My message to ICC is arrest of Bashir with out delying...

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  • 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.

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  • 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.

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