Home | About Us | Advanced search | Link Versione Italiana  English version  France version

 Europeanrights.eu

European Observer on fundamental right's respect

  Advanced search

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

Text download English