Uganda’s Government and LRA Rebels Agree to Special Court for War Crimes

By:  Lindsey Brady
Impunity Watch, Managing Editor – News

KAMPALA, Uganda – Conflict between the government of Uganda and the rebel Lord’s Resistance Army (“LRA”) has resulted in twenty years of fighting and the displacement of nearly 2 million people in Northern Uganda.  The LRA is a splinter group of the Ugandan People’s Democratic Army (“UPDA”) led by Joseph Kony.  According to BBC News, the LRA is notorious for mutilating its victims and kidnapping children to be soldiers, porters and sex slaves.

Kony and two lieutenants of the LRA have been charged with atrocities by the International Criminal Court (“ICC”).  International law requires that those charged be turned over to the ICC in the Hague immediately once captured or upon surrender.  Kony is believed to be hiding in the Democratic of Congo.  The LRA has refused to disarm while the three LRA leaders are wanted by the ICC.

On Monday the Ugandan government and the LRA signed an agreement outlining how war crimes would be dealt with.  Under the agreement the Ugandan government would establish a unit to investigate and prosecute those individuals who have planned or carried out “widespread, systematic or serious attacks.”  The unit will focus particularly on violations against women and children.  According to BBC News, Captain Chris Magezi, the spokesman for the government negotiating team, said “a  special division of the Ugandan High Court would be set up to deal with serious rebel crimes.”  Traditional courts would be used for lesser offenses.

The Ugandan government views this agreement as a practical approach to ending the long brutal war with the LRA.  Yahoo! News quoted Norbert Mao, chairman of the Gulu District – which has been ravaged by the war – hailed the agreement as a major step towards peace”  Human Rights Watch concurs with Mao but believes the true test will come in time as the world watches how the agreement is enforced.

The agreement, however, has been met with great criticism.  Amnesty International views the agreement as allowing the LRA leaders a deal to avoid punishment for crimes against humanity and war crimes that would be tried under the ICC.  Christopher Keith Hall, Senior Legal Adviser for Amnesty International’s International Justice Project, stated “at the moment, we have no evidence to suggest that even a new court established in Uganda to deal with these cases would be able and willing to do so in fair proceedings that are not a sham.”

For more information, please see:

BBC News – Ugandans Reach War Crimes Accord – 19 February 2008

Yahoo! News – Ugandan Rebel Deal Met with Skepticism, Hope – 20 February 2008

All-Africa.com – Uganda:  Government Cannot Negotiate Away International Criminal Court Arrest Warrants for LRA – 20 February 2008

Refugees International – Uganda:  Challenges of Peace and Justice – 20 February 2008

Author: Impunity Watch Archive