A/HRC/14/26 IV. A. Major developments in international justice International Criminal Court 81. The Special Rapporteur intends to follow developments in international justice closely and to support efforts to strengthen the rules and procedures of these international judicial institutions. Situation in Darfur, Sudan 82. On 3 February 2010, the Appeals Chamber of the International Criminal Court (ICC) rendered its judgment in the case of The Prosecutor v. Omar Hassan Ahmad AlBashir on the Prosecutor’s appeal, reversing Pre-Trial Chamber I’s decision of 4 March 2009, to the extent that Pre-Trial Chamber I decided not to issue a warrant of arrest in respect of the charge of genocide. The Appeals Chamber directed the Pre-Trial Chamber to decide anew whether or not the arrest warrant should be extended to cover the charge of genocide. The Appeals Chamber explained that it was not concerned with the question of whether Mr Omar Al-Bashir is, or is not, responsible for the crime of genocide. Rather, the Appeals Chamber addressed a question of procedural law, namely whether the Pre-Trial Chamber applied the correct standard of proof when disposing of the Prosecutor’s application for an arrest warrant. In its 4 March 2009, decision, Pre-Trial Chamber I rejected the Prosecutor’s application in respect of genocide stating that it would issue an arrest warrant for genocide only if the only reasonable conclusion to be drawn from the Prosecutor’s evidence, based on “proof by inference”, was that there were reasonable grounds to believe in the existence of genocidal intent. The Appeals Chamber found this standard of proof to be too demanding at the arrest warrant stage, which is governed by article 58 of the Rome Statute. This amounted to an error of law. The case has now been remanded back to the Pre-Trial Chamber to reconsider whether there were “reasonable grounds to believe” that Al-Bashir acted with genocidal intent. 83. The confirmation hearing for Bahr Idriss Abu Garda, the Chair and General Coordinator of Military Operations of the United Resistance Front, was held from 19 to 29 October 2009, during which the prosecutors alleged that Abu Garda controlled the Justice and Equality Movement during the 2007 attacks, which resulted in the death of 12 African Union Mission in Sudan (AMIS) soldiers and several injuries. On 8 February 2009, the PreTrial Chamber I of the ICC issued a decision declining to confirm the charges against Bahar Idriss Abu Garda. The Chamber was not satisfied that there was sufficient evidence to establish substantial grounds to believe that Bahar Idriss Abu Garda could be held criminally responsible either as a direct or as an indirect co-perpetrator for the commission of the crimes with which he was charged by the prosecution. Abu Garda was charged with three war crimes, namely violence to life, intentionally directing attacks against personnel, installations, material, units and vehicles involved in a peacekeeping mission, and pillaging, allegedly committed during an attack carried out on 29 September, 2007, against the African Union Mission in Sudan (AMIS), a peacekeeping mission stationed at the Haskanita Military Group Site (MGS Haskanita), in the locality of Umm Kadada, North Darfur. The decision does not preclude the prosecution from subsequently requesting the confirmation of the charges against Abu Garda if such a request is supported by additional evidence. The prosecution can also submit a request to Pre-Trial Chamber I for leave to appeal the decision on the confirmation of charges. Situation in the Democratic Republic of the Congo 84. The trial against Mathieu Ngudjolo Chui, the alleged former leader of the National Integrationist Front, and Germain Katanga, the alleged commander of the Patriotic GE.10-12622 17