Thursday, 5 February 2015

Uganda: Ongwen At the ICC - Victim Turned Perpetrator

After almost 10 years on the run, one Ugandan rebel leader is finally in the custody of the International Criminal Court (ICC). Dominic Ongwen, of the infamous Lord’s Resistance Army (LRA), surrendered in early January and was transferred to The Hague, where the ICC is based, on 20 January. Ongwen’s first appearance at the ICC was on 26 January, making him the first LRA stalwart set to face trial for the group’s activities at the ICC.

On 8 July 2005, the ICC issued an arrest warrant for Ongwen. He is charged with three counts of crimes against humanity and four counts of war crimes. His alleged crimes include murder, enslavement, inhumane acts of inflicting serious bodily injury and suffering, cruel treatment of civilians, intentionally directing an attack against a civilian population and pillaging.

Speaking in Acholi, a language widely spoken by the people of northern Uganda, Ongwen calmly confirmed his identity to Judge Ekaterina Trendafilova of Pre-Trial Chamber II. The judge pronounced that she was satisfied that Ongwen has been informed of the crimes which he is alleged to have committed, and of his rights under the Statute – including the right to be informed of the proceedings in Acholi as a language that he fully understands and speaks.

Ongwen was transferred to the ICC despite Uganda having both the capacity and willingness to prosecute him. It remains possible that Ugandan authorities may challenge the admissibility of the case at the ICC on this basis, however improbable.

Uganda is one of a few African countries that have criminalised war crimes, crimes against humanity and genocide. Uganda has also established a specialised judicial chamber to deal with, among others, international crimes. The International Crimes Division (ICD) of the High Court is the only judicial chamber of its kind in Africa

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