After the ICC issued an international arrest warrant for al-Bashir on March 4, 2009, he was charged on seven counts - five of crimes against humanity and two war crimes - for his alleged role in masterminding a counter-insurgency against ethnic groups in Darfuf that opposed his government over a five-year period through 2008. The ICC ruling next week would then determine whether genocide would be added to the charges.
The ICC has accused al-Bashir for, among others, murder, extermination, forcible transfer, torture, rape and pillaging. Al- Bashir, 66, was also accused of intentionally directing attacks against civilians. Al-Bashir denies the charges. However in pre-trial hearings, the ICC had ruled that he could not be prosecuted for genocide. The court said Moreno Ocampo had failed to reasonably prove that al-Bashir had the specific intent to destroy the Fur, Masalit and Zaghawa groups in Darfur.