In July 2008, the prosecutor of the International Criminal Court (ICC), Luis Moreno Ocampo, accused al-Bashir of genocide, crimes against humanity, and war crimes in Darfur. The court issued an arrest warrant for al-Bashir on 4 March 2009 on counts of war crimes and crimes against humanity, but ruled that there was insufficient evidence to prosecute him for genocide. However, on 12 July 2010, the Court issued a second warrant containing three separate counts of genocide. The new warrant, like the first, was delivered to the Sudanese government, which did not recognize either the warrant or the ICC. The indictments do not allege that Bashir personally took part in such activities; instead, they say that he is "suspected of being criminally responsible, as an indirect co-perpetrator". Some international experts think it is unlikely that Ocampo has enough evidence to prove the allegations. The court's decision is opposed by the African Union, League of Arab States and Non-Aligned Movement as well as the governments of Russia and China.
Al-Bashir was born in Hosh Bannaga, just north of the capital, Khartoum, to a family of African-Arab descent. He belongs to Al-Bedairyya Al-Dahmashyya, a Bedouin tribe belonging to the larger Ja'alin coalition, an Arab tribe in middle north of Sudan (once a part of the Kingdom of Egypt and Sudan). He received his primary education there, and his family later moved to Khartoum where he completed his secondary education. Al-Bashir is married to his cousin Fatima Khalid. He also has a second wife named Widad Babiker Omer, who had a number of children with her first husband Ibrahim Shamsaddin, a member of the Revolutionary Command Council for National Salvation who had died in a helicopter crash. Al-Bashir does not have any children of his own.