On 12 July 2010 Pre-Trial Chamber I at the International Criminal Court (ICC) issued a second warrant of arrest against the President of Sudan, Omar Hassan Ahmad Al Bashir for the crime of genocide.
In March 2009 the Pre-trial Chamber rejected the Prosecutor’s application in respect of the crime of genocide, and issued a warrant of arrest with respect to the other crimes, namely five counts of crimes against humanity and two counts of war crimes. The Prosecutor appealed the decision, arguing that the Pre-Trial Chamber had used a standard of proof that was too high for that stage of proceedings. The Appeals Chamber reversed the Pre-Trial Chamber decision and remanded the issue to the Pre-Trial Chamber so that it could apply the correct standard of proof.
The Pre-Trial Chamber found that there are reasonable grounds to believe that Al-Bashir is responsible for three counts of genocide committed against the Fur, Masalit and Zaghawa ethnic groups. These 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.
The second arrest warrant does not revoke the first arrest warrant, issued on 4 March 2009. Omar Hassan Ahmad al-Bashir became the first sitting head of state to be indicted by the International Criminal Court (ICC) when Pre-Trial Chamber I issued a warrant of arrest.