20100712
allafrica

The Hague — Today, Pre-Trial Chamber I of the International Criminal Court (ICC) issued a second warrant of arrest against the President of Sudan, Omar Hassan Ahmad Al Bashir, considering that there are reasonable grounds to believe him responsible for three counts of genocide committed against the Fur, Masalit and Zaghawa ethnic groups, that include: genocide by killing, genocide by causing serious bodily or mental harm and genocide by deliberately inflicting on each target group conditions of life calculated to bring about the group's physical destruction.

This second arrest warrant does not replace or revoke in any respect the first warrant of arrest issued against Mr Al Bashir on 4 March, 2009, which shall thus remain in effect.

In the previous arrest warrant, the Chamber considered that there are reasonable grounds to believe that Mr Al Bashir is criminally responsible for five counts of crimes against humanity (murder, extermination, forcible transfer, torture and rape) and two counts for war crimes (intentionally directing attacks against a civilian population as such or against individual civilians not taking direct part in hostilities, and pillaging).

On 4 March, 2009, Pre-Trial Chamber I had rejected the Prosecutor's application in respect of the crime of genocide. Three months later, the Prosecutor filed an appeal against this decision. On 3 February, 2010, the Appeals Chamber rendered its judgment on the Prosecutor's appeal, reversing, by unanimous decision, Pre-Trial Chamber I's decision of 4 March, 2009, to the extent that Pre-Trial Chamber I decided "not to issue a warrant of arrest in respect of the charge of genocide in view of an erroneous standard of proof".

The Appeals Chamber directed the Pre-Trial Chamber to decide anew whether or not the arrest warrant should be extended to cover the charge of genocide. Applying the standard of proof as identified by the Appeals Chamber, Pre-Trial Chamber I concluded today that there are reasonable grounds to believe that Mr Al Bashir acted with specific intent to destroy in part the Fur, Masalit and Zaghawa ethnic groups.

Pre-Trial Chamber I requests the Registrar of the Court to prepare a supplementary request for co-operation seeking the arrest and surrender of Mr Al Bashir for the counts contained in both the first and the second warrant of arrest, and transmit such a request to the competent Sudanese authorities, to all States Parties to the Rome Statute, and to all the United Nations Security Council members that are not States Parties to the Statute. The Registrar is also directed to transmit additional requests for the arrest and surrender of Omar Al Bashir to the Court to any other State as may be necessary.

The situation in Darfur was referred to the International Criminal Court by the United Nations Security Council's resolution 1593, on 31 March, 2005. In this situation, four cases are being heard against Ahmad Harun (Minister for Humanitarian Affairs) and Ali Kushayb (alleged commander of the Janjaweed militia); the Sudanese President Omar Hassan Ahmad Al Bashir; and the rebel commanders, Bahar Idriss Abu Garda and Abdallah Banda and Saleh Mohammed Jerbo.