The past week has seen two important decisions by the International Criminal Court (ICC). On February 3rd, the Court’s Appeals Chamber reversed Pre-Trial Chamber I’s decision of March 2009 not to include the crime of genocide in the arrest warrant against President Al-Bashir of Sudan. The Appeals Chamber directed the Pre-Trial Chamber to decide anew whether the arrest warrant should be extended to cover the crime of genocide based on the correct standard of proof.

Convenor of the Coalition for the ICC, William R. Pace commented that “this ruling was hugely significant as it could lead to the inclusion of charges of genocide for a sitting head of state and for the first time in the history of the court” It is also a key decision for the people of Darfur. Niemat Ahmadi, of the Save Darfur Coalition, commented that “the pursuit of justice is extremely crucial for the survival of our hope as Darfuri people…The ICC’s commitment to justice has set a great example for the rest of the international community to follow.”

The 8th of February then saw the judges of Pre Trial Chamber I unanimously decline to confirm charges of war crimes against Darfur rebel leader Bahr Idriss Abu Garda, meaning that his case will not move forward to trial. The Prosecutor had submitted that Abu Garda commanded an attack on the African Union Mission in Sudan (AMIS) at the Haskanita base in Darfur, Sudan in September 2007 which killed twelve AMIS personnel and wounded eight others. Although judges insisted that the case was of sufficient gravity, they established that they lacked evidence that Abu Garda participated in the common plan to attack the base. The prosecution is likely to seek to appeal the decision. At a later stage, the prosecution could again request that the judges confirm the charges against Abu Garda if supported by additional evidence. Pace explained that “the decision showed that the ICC judges abide by the strictest standards of fair trial including high respect for the presumption of innocence and serious examination of the evidence before them”.

It is important to recall that a request for summons to appear or, alternatively, arrest warrants was also made by the ICC prosecutor in November 2008 for two other individuals who allegedly participated in the Haskanita attack. These requests are still being examined by judges.

The investigation into the Darfur situation in Sudan was officially opened by the ICC prosecutor in 2005 after being referred to the Court by the United Nations Security Council. Three public arrest warrants have been issued against Ahmad Harun, Ali Kushayb and Omar al-Bashir. None of the outstanding warrants have been executed as the Sudanese government has openly defied and consistently refused to cooperate with the Court and the international community. Pace has responded, urging “…the Sudanese government, ICC states parties, other governments and international organizations to do their utmost to ensure that these three suspects face justice without delay.”