Herb Somers's List: ICC Research

Reflexions in International Criminal Law: The Correct Evidential Standard for an Arrest Warrant at the International Criminal Court 2

Feb 04, 10

ceboe-osuji.blogspot.com/...rrect-standard-for-arrest.html Evidential Standards for the ICC
- The Pre-Trial Chamber had dismissed the count of genocide in the Bashir indictment, on the grounds that the Prosecution had not satisfied the evidential burden regarding the existence of the specific intent on the part of Mr Bashir for the crime of genocide.
  
  The prosecution case for genocidal intent was not direct. Rather, it was dependent upon inferences urged by the Prosecution to be drawn from 'a comprehensive consideration of [a number of] factors'.
  
  evidential standard for arrest warrant at ICC
- The Pre-Trial Chamber had dismissed the count of genocide in the Bashir indictment, on the grounds that the Prosecution had not satisfied the evidential burden regarding the existence of the specific intent on the part of Mr Bashir for the crime of genocide.
  
  The prosecution case for genocidal intent was not direct. Rather, it was dependent upon inferences urged by the Prosecution to be drawn from 'a comprehensive consideration of [a number of] factors'.