By: M. Brandon Maggiore
Impunity Watch Senior Desk Officer, Africa
KAMPALA, Uganda – Yoweri Museveni, the President of Uganda, wants Lord’s Resistance Army (LRA) to be tried in Ugandan courts rather than at the International Criminal Court (ICC) at The Hague. Joseph Koney and two other LRA leaders are currently under indictment from the ICC for crimes committed during the on-going 22-year rebellion in Northern Uganda. Koney has sent delegates to talk about ending the conflict, but he will not attend the talks because he is afraid he will be arrested. The LRA has thus far refused to sign an agreement ending the conflict unless the criminal indictments from The Hague are lifted.
The LRA has abducted children to be used as sex slaves, fighters, and porters. It is reported that the LRA has taken 25,000 children for these purposes.They are also known for cutting off the tongues and lips of civilians.
Museveni said that the tribal elders of Uganda want the trials to be held in Uganda and that is what should happen. The LRA wants a special tribunal to be established in Uganda to try LRA leaders while other LRA members would face traditional justice. Ugandan justice, as noted by Museveni, is more compensatory than retributive justice and will provide more compensation than a trial at the ICC.
The BBC reports that “The LRA leaders could be required to apologi[z]e for their actions and make a payment to local elders, but they would avoid prison sentences.”
The indictments in the ICC were issued at the request of the Ugandan government before peace talks were initiated. Uganda does not have the power to lift the indictments and ICC prosecutor Luis Moreno-Ocampo has refused to meet LRA representatives leaving the indictments in place. However, Museveni has said that Uganda sought the aid of the ICC because Koney fled Uganda and it wanted to ensure he would be held responsible for his actions. Musevini said “If he [Koney] signs the peace agreement and returns to our jurisdiction, it becomes our responsibility not any other party’s, including the ICC.” However, it is not clear that the ICC agrees with this position.
The issue of whether the ICC lifts the indictments or not is troublesome for the ICC: the ICC must give in to political pressure to lift the indictments or risk negatively impacting the peace talks in Uganda. Neither option is appealing to the first permanent international court for trying war crimes that was established in 2001.
For more information, please see
BBC News – Museveni rejects Hague LRA trial – 12 March 2008
allAfrica.com – Uganda: We Can Save Kony – President Museveni – 11 March 2008
Le Monde – Les rebelles ougandais de la LRA conditionnent la paix à l’arrêt des poursuites contre leur chef – 11 March 2008
My Way News – Uganda: Rebels Will Face Trial at Home – 11 March 2008
