Home > Uncategorized > Legal std used to reject genocide charge for Bashir was wrong

Legal std used to reject genocide charge for Bashir was wrong

The legal error was the one the Prosecution identified in its appeal brief. As the Appeals judgment summarized it:  “. . . requiring that the existence of genocidal intent must be the only reasonable conclusion amounts to requiring the Prosecutor to disprove any other reasonable conclusions and to eliminate reasonable doubt. If the only reasonable conclusion based on the evidence is the existence of genocidal intent, then it cannot be said that such a finding establishes merely “reasonable grounds to believe”. Rather, it establishes genocidal intent “beyond reasonable doubt.” (para. 33, Appeals decision).

Put simply, the PTC had applied the standard of proof required for a conviction at trial to the decision of whether or not to issue an arrest warrant. This was wrong as a matter of law

This sounds to me like a deliberate political move, rather than a simple judicial error. Seems like something a first year international law student would pick up.

Posted via web from Ted’s Nothing but Net Explorations

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