The International Criminal Court (ICC) must rule again on whether Sudanese President Omar Hassan al-Bashir should face an additional charge of committing genocide in Darfur.

The Appeals Court judges reversed a decision that prosecutors had not provided sufficient evidence to add genocide to Mr al-Bahir's list of charges, which already includes seven counts of crimes against humanity and war crimes.

Chief Prosecutor Luis Moreno-Ocampo appealed against the earlier verdict. ICC judge Erkki Kourula said while the earlier decision by the pre-trial chamber was to be reversed, he would not grant the prosecutor's request for a ruling that Mr al-Bashir was criminally responsible for the crime of genocide.

In 2003, rebels took up arms in Darfur accusing the central government of neglecting the remote region. Khartoum's heavy-handed quelling of the revolt resulted in a humanitarian crisis which the United Nations estimates has claimed 300,000 lives. The largest rebel group, the Justice and Equality Movement, has welcomed today's outcome by the ICC and says it will consider holding peace talks.

President al-Bashir has repeatedly dismissed the allegations made by the ICC, the permanent court in The Hague for prosecuting war crimes, as part of a Western conspiracy. The Sudanese government has refused to co-operate with the court.

Aid workers in Darfur, scene of a humanitarian crisis since 2003. Photo: EPA.