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A Note on the ICC Appeals Court Decision: Bashir May Be Charged with Genocide

Earlier this month, the Appeals Chamber of the International Criminal Court (ICC) determined that the standards used to evaluate the ICC Prosecutor’s genocide charge against Sudanese President Omar al-Bashir in the Pre-Trial Chamber were insufficient. According to the Appeals Chamber, the ICC’s Pre-Trial Chamber erred in “…requiring that the existence of genocidal intent must be the only reasonable conclusion” (via Bec Hamilton). The Pre-Trial Chamber must now review its initial decision rejecting the Prosecutor’s genocide charge. As Bec Hamilton notes, this does not necessarily mean that the arrest warrant for Bashir will include a genocide charge. However, the Pre-Trial Chamber, in its review of its initial decision, may determine that the Prosecutor’s re-presentation is sufficient to warrant a genocide charge.

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