Unpacking the Mystery of Mediation in African Peace ... - Swisspeace

Northern Uganda, Juba Negotiations
here that the ICC does not seek to have a political
role or to influence peace processes. Rather, the
ICC has a legal mandate via the Rome Statute,
and its primary aim is to promote accountability
for international crimes and to contribute to preventing
such crimes in the future. Nevertheless,
the ICC does have an impact on the dynamics of
a peace process, even if this is unintended.
There are multiple arguments about the role the
ICC in Northern Uganda, but what is of interest
in this context are its practical implications on the
Juba talks. Four points can be mentioned in this
regard. First, the ICC changed the incentive
structure of the parties. The arrest warrants have
increased the pressure on the LRA and have made
it more attractive for the group to redeem itself
via participation in peace talks. Thus, the ICC
has contributed to bringing the LRA to the negotiating
table. 173 Second, the ICC influenced the
choice of a mediator. Countries that are party to
the Rome Statute have an obligation to extradite
persons for whom the ICC has issued an arrest
warrant. Therefore, it was logical that the talks
would take place in, and be mediated by, a nonsignatory
country in the region. Third, the ICC
influenced the structure of the negotiations. As
the LRA leadership was highly concerned about
the ICC indictments, a substantial part of the
talks concentrated on issues of reconciliation and
accountability. Finally, the ICC made it more
difficult to satisfy the LRA’s security concerns,
given that the ICC arrest warrants will persist,
even after the signature of a peace agreement.
This complicated the conclusion of the Juba
talks. 174
173 ICG (2007): op.cit.
174 See Schomerus, Mareike: “International Involvement
and Incentives for Peacemaking in Northern Uganda”,
in: Accord, no. 19 (2008).
Implementation and Assessment
Even though the Juba talks were concluded in
March 2008, no final peace agreement has been
signed and the future of the peace process in
Northern Uganda remains unclear. However, it
would be wrong to call the Juba talks a failure. In
fact, the talks have produced significant humanitarian
dividends. As a result of the cessation of
hostilities and the concentration of LRA fighters,
the security situation has markedly improved,
making it possible for half of the 1.8 million
IDPs in Northern Uganda to return to their
homes. 175 In addition, the Juba talks have produced
a series of substantive agreements, which
provide a blueprint for a political settlement with
the LRA as well as for addressing the root causes
of the conflict in Northern Uganda. Moreover,
the Juba peace talks have attracted international
attention and helped mobilize resources for building
peace in Northern Uganda.
Outlook
In June 2008, Riek Machar made a series of recommendations
regarding the future of the Northern
Ugandan peace process. In his report, Machar
enumerates different measures that he believes
could bring the peace process back on track. He
advocates a continued engagement with the LRA.
He also suggests that certain elements of the various
Juba agreements, in particular the one on
comprehensive solutions of the marginalization of
Northern Uganda, should be implemented, and
asks the international community to harness sufficient
resources for this purpose. 176
175 Internal Displacement Monitoring Centre: “Uncertain Future
for IDPs while Peace Remains Elusive” (24 April 2008),
(http://www.internal-displacement.org/).
176 Machar, Riek: “Report and Recommendations of the Chief
Mediator of the Peace Process between the Government of
Uganda and the Lord’s Resistance Army” (16 June 2008),
(http://www.beyondjuba.org/peace_agreements.php).
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