Standard of Proof Required to Issue an Arrest Warrant for Genocide

• Author: Enrique Carnero Rojo
• Position: Ph.D. candidate, Willem Pompe Institute, Utrecht University, The Netherlands; LL.M., Leiden University; Associate Legal Adviser, Office of the Prosecutor of the International Criminal Court (2004-2009). The views expressed herein are those of the author in his personal capacity and do not necessarily represent those of the ICC
• Pages: 61-64

Standard of Proof Required to Issue an Arrest Warrant for Genocide

Case ICC-02/05-01/09, e Prosecutor v Omar Hassan Ahmad Al Bashir, judgement of the International Criminal Court

(Appeals Chamber) of 3 February 2010

Enrique Carnero Rojo

Merkourios - Criminal Justice and Human Rights - Vol. 27/72 61

Merkourios 2010 – Volume 27/Issue 72, Case Note, pp. 61-64.

URN: NBN:NL:UI:10-1-100926

ISSN: 0927-460X

URL: www.merkourios.org

Publisher: Igitur, Utrecht Publishing & Archiving Services

Copyright: this work has been licensed by the Creative Commons Attribution License (3.0)

Keywords

ICC, Rome Statute, Article 58, Genocide, Standard of Proof, Inference.

Abstract

At the time of writing this case note, the case against Omar Al Bashir is the only genocide case before the International

Criminal Court. So far, the main legal question concerns whether the existence of reasonable grounds to believe that a person

has committed a crime of genocide within the jurisdiction of the Court must be the only reasonable conclusion to be drawn

from the evidence presented by the Prosecutor for an arrest warrant to be issued against the suspect of such crime.

Author aliations

Ph.D. candidate, Willem Pompe Institute, Utrecht University, e Netherlands; LL.M., Leiden University; Associate Legal

Adviser, Oce of the Prosecutor of the International Criminal Court (2004-2009). e views expressed herein are those of

the author in his personal capacity and do not necessarily represent those of the ICC.

Case Note

Case Note