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

Positive complementarity and the fights against impunity in Africa 271
first Amnesty Statute in 1987, targeting armed rebellions against the
government. 149 In 1998, the government introduced another Amnesty
Bill. 150 The Amnesty Bill was criticised by several people including the
Acholi Religious Leaders Peace Initiative (ARLPI). They argued that the
Bill was not inclusive and discriminated against some combatants willing
to lay down arms. The ARLPI subsequently presented a memo to the
government calling for unconditional amnesty to all combatants who
agreed to lay down their arms and embrace peace. 151 The Amnesty Act,
passed in 2000, applied to conflicts that commenced on or after 26 January
1986 and also had a life-span of six months which could be extended by the
Minister of Internal Affairs under statutory notice. 152
On 16 December 2003, Uganda referred the situation concerning the
LRA to the ICC. 153 There were criticisms about the referral because it
failed to mention the culpability of the government in the abuses in
northern Uganda and the ICC was urged to investigate all sides in the
conflict. 154 The OTP subsequently announced that the ICC would
investigate all parties to the northern Uganda conflict. 155 Opposition rose
against the referral from northern Ugandans who saw the ICC as an
obstruction to peace and reconciliation. 156 Despite several pleas and
threats from those in charge of the peace negotiations, the prosecutor went
ahead and charged the top leadership of the LRA with several crimes
under the Rome Statute and requested warrants of arrest. 157 The Pre-Trial
Chamber judges agreed with him and issued warrants of arrest against top
commanders of the LRA. 158
The referral put the LRA in the spotlight and in a difficult position.
This made them agree to peace negotiations with the Ugandan
149 B Afako ‘Reconciliation and justice: ‘Mato oput’ and the Amnesty Act, 2002’ http://
www.c-r.org/our-work/accord/northern-uganda/reconciliation-justice.php (accessed
150
151
152
153
11 August 2010).
Bill 13 Uganda Government Gazette 58 XCL 22 September 1998.
Afako (n 153 above).
Art 18 Amnesty Act 2000.
ICC ‘President of Uganda refers situation concerning the Lord's Resistance Army
(LRA) to the ICC’ ICC-20040129-44 http://www.icc-cpi.int/menus/icc/
154
press%20and%20media/press%20releases/2004/president%20of%20uganda%20refers
%20situation%20concerning%20the%20lord_s%20resistance%20army%20_lra_%20to
%20the%20icc?lan=en-GB (accessed 11 August 2010).
HRW ‘ICC: Investigate all sides in Uganda’ 4 February 2004 http://www.hrw.org/en/
155
news/2004/02/04/icc-investigate-all-sides-uganda (accessed 11 August 2010).
ICC ‘Prosecutor of the International Criminal Court opens an investigation into
Northern Uganda’ ICC-OTP-20040729-65 http://www.icc-cpi.int/menus/icc/
156
press%20and%20media/press%20releases/2004/
prosecutor%20of%20the%20international%20criminal%20court%20opens%20an%20i
nvestigation%20into%20nothern%20uganda?lan=en-GB (accessed 11 August 2010).
A Little ‘Balancing accountability and victim autonomy at the International Criminal
157
Court’ (2007) 38 Georgetown Journal of International Law 363, 376.
The Prosecutor applied for the warrants of arrest on 5 May 2005. See International
158
Criminal Court ICC-02/04-01/05 Prosecutor v Kony, Otti, Odhiambo and Ongwen.
The warrants of arrest were issued under seal on 8 July 2005 and unsealed on 13
October 2005 for security reasons and to ensure the protection of victims.