David Crane, the former chief prosecutor at the Special Court for Sierra Leone who indicted ex-Liberian leader Charles Taylor, called the decision a "proper step forward" that completes prosecutors' picture of atrocities in Darfur.
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"It is an odd presentation if the genocide was not allowed to go forward," said Crane, who is now a law professor at Syracuse University. "They would almost have to dance around the obvious. Now we have a complete indictment that captures all the offenses that have taken place."
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Genocide, the gravest crime in international law, requires proof of an intent to wipe out "in whole or in part" a racial, religious or ethnic group.
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Moreno Ocampo accuses al-Bashir of keeping 2.5 million refugees from specific ethnic groups in Darfur in camps "under genocide conditions, like a gigantic Auschwitz."
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Al-Bashir, who was re-elected to a new five-year term earlier this year, refuses to recognize the court's authority and has repeatedly said he will not turn himself in to stand trial.

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