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

Prosecuting international crimes by the LRA in Uganda 205
Dominic Ongwen (Brigade Commander). The warrants were unsealed on
13 October 2005 and served on governments including that of Uganda,
Democratic Republic of Congo and Sudan. The four were accused of
having committed crimes against humanity and war crimes including
murder, rape, enslavement, sexual enslavement, inhumane acts of
inflicting serious bodily injury and suffering, cruel treatment of civilians,
intentionally directing attacks at civilian populations, forced enlisting of
children and pillaging. A total of 33 counts of crimes against humanity and
war crimes were listed against LRA rebel leaders. 47
3.1 Process of peace talks
A few months after the issuing of the warrants by the ICC, Kony indicated
that he was prepared to engage in peace talks. 48 It is believed that the
warrants had isolated the LRA and forced them to hold peace talks. Thus,
in May 2006, the First Vice-President of Sudan and President of Southern
Sudan, Salva Kiir, delivered a message from Joseph Kony to President
Yoweri Museveni in which Kony asked for peace talks. 49 Museveni’s
response was positive, he promised that if they renounced violence, he
would extend amnesty to all LRA rebels, including the top leadership and
not surrender them to the ICC. 50 This marked the beginning of a process
of peace talks brokered by the government of Southern Sudan.
It should be noted that the issuing of warrants gave rise to controversy
among some people, including those in Northern Uganda, who argued
that the ICC prosecution would be detrimental to ongoing attempts to end
the conflict peacefully, which included the use of amnesties by the
Amnesty Commission. 51 Indeed, some people looked at the ICC
prosecutions as the greatest threat to peace in Northern Uganda. 52
Arguments made against the prosecution included the fact that the ICC
was only complementary and in the circumstances it was better to try LRA
members domestically. 53 Some went as far as arguing that the ICC process
was a neo-liberal imposition of western values of justice in an African
47 See ‘Situation in Uganda’ www.icc-cpi.int (accessed 23 March 2010).
48 Uganda Law Society and Friedrich Ebert Stiftung The international justice system & the
international criminal court: Opportunities and challenges for Uganda Synthesis Report of a
Dialogue, February 2007 htt://www.fes-uganda.org/docs (accessed 24 March 2010).
49 Uganda Joint Christian Council The quest for peace and justice in Northern Uganda: Dealing
with conflicting philosophical, moral and ethical values htt://www.ikvpaxchristi.nl/.../
AF%20Uganda/statement%20UJCC%20060710.doc (accessed 24 March 2010).
50 As above.
51 B Chinedu ‘Implementing the International Criminal Court treaty in Africa: The role
of non-governmental organizations and government agencies in constitutional reform’
in KM Clarke (ed) Mirrors of justice: Law and power in the post-Cold War era (2010) 114.
52 As above.
53 A Perkins Justice for war criminals - or peace for northern Uganda? http://
www.guardian.co.uk/society/katineblog/2008/mar/20/justiceforwarcriminalsorp
(accessed 24 March 2010).