Prosecuting International Crimes in Africa - PULP - University of ...

198 Chapter 9
to endure for over two decades, unleashing untold suffering on the people
in this region. This civil war was fought between the government forces,
the Uganda Peoples Defence Forces (UPDF) and a group of rebels, the
Lord Resistance Army (LRA) led by Joseph Kony.
Although calm has returned to Northern Uganda, the region is yet to
get back on its feet in economic and social terms. In addition, there are a
number of human rights, and transitional justice issues that need to be
addressed. These include questions on how to address the many years of
human rights violations; steps that need to be taken to end impunity in the
region in particular and the country in general; and realising the economic
and social rights of an entire generation that witnessed conflict for over two
decades.
This chapter examines the genesis and causes of the LRA war, the
different attempts to end the war and mechanisms that have been put in
place to deliver justice and end impunity in the country. It is apparent from
this exploration that the causes of the war are deeply rooted and could be
traced as far back as to the colonial era. While the threat of the LRA in the
region has diminished, it is important to understand and resolve the
historical causes of the conflict in order to avoid similar conflicts in the
future.
For over 20 years, Uganda unsuccessfully tried to end the conflict by
military means. It was only after the issuing of warrants of arrest by the
International Criminal Court (ICC) against some of the LRA leaders that
the LRA was forced to take part in peace negotiations brokered by the
government of Southern Sudan. Meanwhile, the warrants of arrest were at
the same time viewed as obstacles to the peace process in Uganda. In
effect, the warrants and peace talks illustrate what has been described as a
classic dilemma of transitional justice arising from the question of whether
and to what extent criminal justice may be compromised for the sake of
peace. 2 Although the final peace accord was never signed, the process of
the peace talks resulted in the enactment of the International Criminal
Court Act (ICC Act), domesticating the Rome Statute. This chapter also
reviews some of the important provisions of this historic law, enacted
before the ICC Review Conference held in Kampala (31 May – 11 June
2010). Also reviewed is a constitutional petition which challenges the
consistency of the ICC Act with the Constitution which is the supreme law
in Uganda.
2
A Greenawalt ‘Complementarity in crisis: Uganda, alternative justice, and the
International Criminal Court’ (2009) 50 Virginia Journal of International Law 108.