Other Decisions Decision ICC-02/05-01/09-OA (03/02/2010)
Authority: International Criminal Court
Date: 02/03/2010
Subject: The ICC Appeals Chamber’s judgement of 03.02.2010 in the Al Bashir case, which reversed the Pre-Trial Chamber’s decision not to issue the international warrant of arrest against Sudanese President also in respect of the charge of genocide, as the Prosecutor’s application was based on "proof by inference." The Appeals Chamber found that demanding the proof of the existence of genocidal intent as the only reasonable conclusion amounts to requiring the Prosecutor to eliminate any reasonable doubt, which is a standard of proof to be too demanding at the arrest warrant stage, and this amounted to an error of law.
Parties: The Prosecutor c/ Omar Hassan Ahmad Al Bashir
Original language: English
Classification: Dignity - Art. 2 Right to life - Art. 3 Physical and mental integrity - Justice - Art. 47 Fair trial, public hearing
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