Prosecuting International Crimes in Africa - PULP - University of ...
Prosecuting International Crimes in Africa - PULP - University of ...
Prosecuting International Crimes in Africa - PULP - University of ...
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<strong>Prosecut<strong>in</strong>g</strong> <strong>in</strong>ternational crimes by the LRA <strong>in</strong> Uganda 201<br />
Sudan, with its polarised borders, as the base for its operations. This is one<br />
<strong>of</strong> the factors that expla<strong>in</strong> Kony’s ability to susta<strong>in</strong> the war for such a long<br />
time, coupled with direct logistical support from the government <strong>of</strong> Sudan.<br />
The Sudanese government supported the LRA as retaliation for Uganda’s<br />
alleged support <strong>of</strong> the Sudanese Peoples Liberation Army (SPLA). 18 The<br />
war was described as two conflicts <strong>in</strong> one: 19<br />
[A] multi-faceted northern rebellion aga<strong>in</strong>st the NRM government whose<br />
root causes have never been fully resolved, and a war with an LRA that does<br />
not fit conventional models <strong>of</strong> political <strong>in</strong>surgency and is motivated by an Old<br />
Testament-style apocalyptic spiritualism.<br />
2.1 LRA brutality and the impact <strong>of</strong> war<br />
The tactics <strong>of</strong> the LRA were brutal and directed ma<strong>in</strong>ly aga<strong>in</strong>st civilians.<br />
The attacks were characterised by kill<strong>in</strong>gs and the cutt<strong>in</strong>g <strong>of</strong>f <strong>of</strong> ears, lips,<br />
breasts and hands <strong>of</strong> civilians suspected <strong>of</strong> be<strong>in</strong>g sympathetic to the<br />
government. This is <strong>in</strong> addition to the abduction <strong>of</strong> civilians, <strong>in</strong>clud<strong>in</strong>g<br />
children, who were recruited either as combatants, porters or used as sex<br />
slaves for Kony and his commanders. This dire situation was summarised<br />
<strong>in</strong> a 2006 report by Civil Society Organisations for Peace <strong>in</strong> Northern<br />
Uganda (CSOPNU) <strong>in</strong> the follow<strong>in</strong>g words: 20<br />
[A]lmost 8 per cent <strong>of</strong> Uganda’s population have been forced to live <strong>in</strong><br />
extreme poverty and suffer<strong>in</strong>g, ravaged by war that targets civilians and<br />
children; <strong>in</strong> which 1.8 million people are forced to live <strong>in</strong> squalid and lifethreaten<strong>in</strong>g<br />
conditions, displaced from their homes by violence and coercion;<br />
<strong>in</strong> which tens <strong>of</strong> thousands <strong>of</strong> children are unable to sleep <strong>in</strong> their beds for fear<br />
<strong>of</strong> abduction; <strong>in</strong> which violence, torture and abuse have become normal; <strong>in</strong><br />
which livelihoods have been destroyed, cultural norms have collapsed, and<br />
where hope for the future <strong>of</strong> an entire generation has withered away.<br />
At its beg<strong>in</strong>n<strong>in</strong>g, the war <strong>in</strong> Northern Uganda <strong>in</strong>volved only military<br />
objectives. The situation changed <strong>in</strong> 1994 when the LRA started<br />
systemically attack<strong>in</strong>g and kill<strong>in</strong>g civilians. 21 The most horrific attacks<br />
<strong>in</strong>clude the 1995 Atiak massacre <strong>in</strong> which over 300 civilians were killed. It<br />
is reported that the Atiak massacre, which took place on 20 April 1995,<br />
occurred when the LRA rebels seized the Atiak trad<strong>in</strong>g centre from the<br />
government forces. The LRA then rounded up all people <strong>in</strong> the trad<strong>in</strong>g<br />
centre, marched them to a nearby river from where over 300 people were<br />
shot. Some <strong>of</strong> the survivors were abducted and forced to jo<strong>in</strong> the LRA. 22<br />
18 HURIPEC and Liu (n 9 above) 80.<br />
19 Z Lomo and L Hovil Beh<strong>in</strong>d the violence: Causes, consequences and the search for solutions to<br />
the war <strong>in</strong> Northern Uganda Refugee Law Project Work<strong>in</strong>g Paper 11 (2004) Report<br />
summary.<br />
20 CSOPNU Count<strong>in</strong>g the cost <strong>of</strong> twenty years <strong>of</strong> war <strong>in</strong> northern Uganda (2006) 7.<br />
21 As above, 9.<br />
22<br />
Liu Institute for Global Issues Remember<strong>in</strong>g the Atiak massacre, April 20 th 1995 The Justice<br />
and Reconciliation Project, Field Notes 4 (April 2007).