Genocide Charges in Two Tribunals

Several months ago, when an arrest warrant was issued for Sudanese president Omar al-Bashir, it was issued on the basis of several charges of war crimes and crimes against humanity. The charge of genocide, however, was not among them, even though International Criminal Court chief prosecutor Luis Moreno-Ocampo had requested it. He has just successfully filed an appeal against the reasoning for the absence of the genocide charge. The appeal was made on the basis that the level of evidence of genocide he was held to was appropriate for the trial itself, not the issuance conviction and arrest warrant. Whether or not his appeal is ultimately accepted, it may prove extremely difficult to convince the ICC to rule that genocide has been committed. As International Bar Association chair Mark Ellis highlights, "[Charging one with genocide] requires the prosecutors to prove the individual had a specific intent to destroy an ethnic group."

There is much resistance to the arrest warrant, with or without the genocide charges. It is perceived by many - most vocally by Bashir himself - as neo-colonialist, and in violation of state sovereignty. While many may interpret certain aspects of international law - including Chapter VII of the United Nations Charter and the 1948 Genocide Convention - to override state sovereignty in very extreme situations of violence and oppression, many also insist on the supremacy of state sovereignty in all circumstances. Along these lines, a man from Khartoum giving his name as Mohammad wrote in to the BBC to express the much-shared view that "this is an internal affair in a sovereign country with a judicial system."

In a similar vein, the International Criminal Tribunal for Rwanda has just gotten approval by the UN Security Council to continue hearing cases until the end of 2010. This deadline will probably be extended subsequently for an additional two years, as there are 11 cases currently beofre the judges and many suspected of helping to commit the Rwandan genocide of 1994 are still at large. The Tribunal has thus far issued 38 judgements in its 15-year span (6 were acquittals).