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

204 Chapter 9
not a solution. 39 Amnesty was viewed by many in the region as
formalising the traditional mechanisms of dispute resolution and
reconciliation. 40 The Amnesty Act was adopted, 41 defining the parameters
for amnesty and setting up an Amnesty Commission. The mandate of the
Amnesty Commission included monitoring programmes of
demobilisation, reintegration and resettlement of persons granted
amnesty. 42 It is reported that long before the Amnesty Act was adopted,
some military leaders had used amnesties alongside military solutions to
diffuse conflicts. In this respect, the example is given of the West Nile Bank
Front rebellion. 43 It is reported that by January 2008, 15 300 combatants
and abductees had been granted amnesty. 44 In spite of making significant
gains, the amnesty processes did not end the conflict. The processes
suffered from a number of setbacks, the major one being the government’s
inconsistency in supporting the process. 45
3 Referral of situation to the ICC and the process of
peace talks
On 16 December 2003, the Government of Uganda formally invited the
Prosecutor of the ICC to investigate the situation in Northern Uganda with
a view of prosecuting members of the LRA. The Prosecutor formerly
accepted the invitation in January 2004 and began investigations in August
2004. The Prosecutor determined that the referral required him to
investigate not only the LRA but the whole situation in Northern Uganda,
including crimes committed by government forces. Subsequently however,
the Prosecutor reached the conclusion that crimes committed by the LRA
were much more numerous and of higher gravity than those alleged to
have been committed by government forces. 46 At the beginning of 2005,
the ICC opened a field office in Kampala for the purposes of coordinating
the investigations and giving support to local authorities.
On 8 July 2005, the ICC issued sealed arrest warrants against Joseph
Kony and three of his top commanders: Vincent Otti (Vice Chairman and
Second-in-Command); Okot Odhiambo (Brigade Commander); and
39 L Hovil and Z Lomo Whose justice? Perceptions of Uganda’s Amnesty Act 2000: The potential
for conflict resolution and long-term reconciliation Refugee Law Project Working Paper 15
(2005) 6.
40 As above, 10.
41 Chapter 294, Laws of Uganda 2000, amended in 2006.
42 Sec 8, Amnesty Act.
43 Hovil and Lomo (n 39 above) 7.
44 See Justice in Perspective Uganda Amnesty Commission http://www.justice
inperspective.org.za/index.php?option=com_content&task=view&id=39&Itemid=79
(accessed 23 March 2010).
45 Hovil and Lomo (n 39 above) 18.
46 Statement by the Chief Prosecutor Luis Moreno-Ocampo, 14 October 2005 http://
www.icc-cpi.int/NR/rdonlyres/2919856F-03E0-403F-A1A8-D61D4F350A20/
277305/Uganda_LMO_Speech_141020091.pdf (accessed 23 March 2010).