Court ordered to rule again on Bashir genocide charge

By Aaron Gray-Block

THE HAGUE (Reuters) - The International Criminal Court on Wednesday opened the possibility of Sudanese President Omar Hassan al-Bashir being charged with genocide in Darfur.

Appeals judges at the tribunal reversed a decision that prosecutors had not provided enough evidence to add genocide to Bashir's charge sheet, ruling that the ICC's pre-trial chamber must look again at whether he should face the charge.

The Sudanese leader has already been charged with seven counts of crimes against humanity and war crimes, including murder, extermination, torture and rape.

"The decision by the pre-trial chamber not to issue a warrant in the respect of the charge of genocide was materially affected by an error of law," ICC judge Erkki Kourula said in reading the appeal ruling.

Kourula said the appeals chamber would not grant the prosecutor's request for a ruling that there were reasonable grounds to believe that Bashir acted with genocidal intent.

But legal observers said the decision to require the pre-trial chamber to review the genocide question brought the prospect of such a charge a step closer.

The ICC has no police force, however, and depends on national authorities and states that have signed up to the court to make arrests. It does not hold trials in absentia, so Bashir cannot be tried or convicted until his arrest.

A ruling on whether to add genocide to the list of charges will not take place quickly, but could take a few months.