International Criminal Court (ICC) – Uganda – Arrest Warrants May Hamper Peace Process

The International Criminal Court has recently come under fire for potentially impeding the peace process in Uganda. ^[1] As the peace talks continue to break down and the Lord’s Resistance Army (LRA) leaders threaten to reignite the 20-year civil war in northern Uganda, critics claim the arrest warrants are standing in the way of the rebel leaders coming out of hiding and heading back to the negotiating table.^[2] Others insist the ICC should not be blamed if the talks fail. German Minister of Justice Dr. Herta Daubler-Gmelin asserts that the “ICC and peace talks are not contradictory.”^[3]

Interpol has issued Red Notices for Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen. All 184 Interpol member countries have an obligation to execute the ICC warrant.^[4] Also, ICC States Parties have an obligation to cooperate with the Court’s investigation.^[5]

Kony and the other LRA leaders are also requesting that the mediation be moved from Juba, Sudan and a new mediator appointed to replace South Sudan President Riek Machar.^[6] They claim the location and mediator are not neutral.^[7] Ugandan President Yoweri Museveni has denounced their claims as a tactic to avoid reaching a solution.^[8] Museveni says replacing the mediator - thus requiring a new person to learn all the issues - would be unacceptable to the Ugandan government.^[9] The U.S. Department of State has echoed Uganda’s concerns over a change in venue for the mediation, stating that any change would delay achieving peace in Uganda.^[10]

We have previously discussed how Uganda announced that it might extend amnesty to LRA leader Joseph Kony in an effort to achieve peace in the region. Kony rejected the offer at the time. Even if Uganda were to offer amnesty to the LRA leaders, it would be a domestic matter without extraterritorial effect. The LRA leaders have been accused of war crimes and crimes against humanity, which concern the international community.^[11] Unless the Office of the Prosecutor were to drop the charges, nations that are parties to the Rome Statute have an obligation to immediately take steps to arrest them.^[12]

ICC Chief Prosecutor Luis Moreno Ocampo stands by the indictments of Kony, Otti, Odhiambo and Ongwen. “We believe the best way to stop the conflict and restore security to the region is to arrest the top leaders,” said Ocampo in a July 2006 statement. “Arresting the top leaders is the best way to ensure that these crimes are stopped and not exported to other countries.”^[13]

LRA Leaders Hire Attorneys

In a recent decision, Judge Mauro Politi, single judge for Pre-Trial Chamber II, appointed Ms. Michelyne C. St-Laurent as counsel for the defense in proceedings related to applications filed by victims seeking participation in the proceedings.^[14] According the the Court regulations, a chamber can appoint counsel under the circumstances in the Rome Statute, Rules of Procedure and Evidence or “where the interests of justice so require.”^[15]

Meanwhile, Kony and the other LRA leaders have reportedly hired two international criminal lawyers to represent them at the ICC.^[16] Under the Statute, the LRA leaders have a right to counsel of their choice and if they lack sufficient means to pay for it, they have a right to free legal assistance.^[17] It is unclear if the attorneys Kony and the other accused leaders have hired will represent them in proceedings related to the victims’ applications. In a statement to the press, LRA deputy leader Vincent Otti said their lawyers would travel to the Hague to meet with the ICC team and present their issues against the Ugandan government.^[18] Otti claims the government also needs to be investigated.^[19]

In December 2003, Uganda invoked Article 14 of the Rome Statute and referred the case to the ICC.^[20] After an initial investigation, the Court issued arrest warrants in July 2005.^[21] The arrest warrants Kony, Otti, Odhiambo and Ongwen were the first warrants the ICC issued.

---

[1] Redfern, Paul, Truce Between LRA and Uganda Govt Still Overshadowed by ICC Warrants, The East African (Nairobi), Jan. 23, 2007 [via AllAfrica.com].
[2] Rice, Xan, Uganda Rebels Threaten Return to Battlefield, Guardian, Feb. 7, 2007.
[3] Natukunda, Carol, German Minister Defends ICC, New Vision (Kampala), Feb. 9, 2007.
[4] A list of Interpol member countries can be found here.
[5] Rome Statute of the International Criminal Court, U.N. Doc. A/CONF.183/9, Article. 86.
[6] Rice, Xan, Uganda Rebels Threaten Return to Battlefield, Guardian, Feb. 7, 2007.
[7] Id.
[8] Fresh Rebel Demands on Talks Unacceptable, IRIN News (via Reuters), Feb. 9, 2007.
[9] Id.
[10] Northern Uganda Peace Talks in Juba, Sudan, U.S. Department of State Press Statement, Feb. 1, 2007.
[11] Rome Statute, Art. 5. Article 5 states that the enumerated crimes – genocide, crimes against humanity, war crimes, the crime of aggression – that fall under the jurisdiction of the court are “the most serious crimes of concern to the international community as a whole.”
[12] Rome Statute, Art. 86 and Art. 59(1). Article 86 obligates States parties to cooperate fully with the Court in the investigation and prosecution of crimes within the Court’s jurisdiction. Article 59(1) outlines arrest proceedings for a custodial State.
[13] Statement by Prosecutor Luis Moreno Ocampo, ICC-OTP-20060706-146-En, July 6, 2006.
[14] Decision on legal representation, appointment of counsel for the defence, protective measures and time-limit for submission of observations on applications for participation, ICC-02/04-01/05, Feb. 1, 2007.
[15] Regulations of the Court, ICC‑BD/01-01-04, Regulation 76(1).
[16] Sebikali, Paul Harera & Grace Matsiko, Kony Hires Lawyers for World Court, The Monitor (Kampala), Feb. 3, 2007 [via AllAfrica.com].
[17] Rome Statute, Art. 67(1)(d).
[18] Sebikali, Paul Harera & Grace Matsiko, Kony Hires Lawyers for World Court, The Monitor (Kampala), Feb. 3, 2007 [via AllAfrica.com
[19] Id.
[20] Statement of the Chief Prosecutor on the Uganda Arrest Warrants, October 4, 2005. See also Rome Statute, Art. 14(1).
[21] For background on the referral and investigation, see Statement of the Chief Prosecutor on the Uganda Arrest Warrants.