ICC - Uganda - Vincent Otti reportedly executed by LRA Leadership

Vincent Otti, second-in-command of Joseph Kony's Lord's Resistance Army, has apparently been executed by fellow officers.^[1] Otti is one of four men sought by the ICC in relation to court's prosecution of the Ugandan rebellion situation.^[2] Otti personally faces thirty-three counts of war crimes and/or crimes against humanity in violation of the Rome Statute.^[3]

A confidential diplomatic briefing, shown to the BBC on condition of anonymity, claims Otti was shot dead at Kony's home on October 2, 2007.^[4] The briefing, based on witness testimony, says Otti arrived at Kony's home to find it surrounded by Kony's personal guards.^[5] Sensing that something was wrong, Mr Otti phoned Kony, but was reassured that all was well.^[6]

The briefing goes on to say that Otti went inside the house was met by a group of senior LRA commanders, one of which pointed a pistol at Otti and told him he was under arrest.^[7] Otti was then allegedly stripped of his shirt, bound and blindfolded.^[8] He reportedly began crying, asking what he had done wrong, but was shot while pleading for mercy.^[9]

The briefing concludes with Kony arriving at the house and informing the assembled rebel officers that he would not tolerate indiscipline.^[10] The rebel leader apparently told his followers Otti had been attempting to kill him, after receiving foreign funds.^[11]

Rumors of Otti's death have swirled since October of 2007.^[12] Norbert Mao, a northern Ugandan politician and peace negotiator, told the BBC in early November that he had apparently spoken to Kony regarding Otti's death.^[13] Kony reportedly denies ordering the murder of Otti and instead maintains the LRA's position that Otti is still alive and is under house arrest.^[14]

This makes the second Ugandan LRA ICC indictee to die before prosecution by the court. Raska Lukwiya was also indicted along with Kony, Otti and two more LRA leaders, but has since been killed in fighting in northern Uganda.^[15] Once Otti's death is confirmed, the ICC will likely drop the charges against Otti as it did for Lukwiya.

Joseph Kony and the others remain at large, hidden in the terrain of northern Uganda.^[16] As we have discussed before, Kony has repeatedly refused to discuss peace with the Kampala government unless the ICC warrants are dropped. It is widely thought that Kony's insistence on the ICC warrants being dropped is a charade, and as such President Yoweri Museveni said the LRA must sign a peace deal by the end of January of 2008 or the war would be resumed.^[17]

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^[1] BBC Staff, Otti 'executed by Uganda rebels', December 21, 2007, available at http://news.bbc.co.uk/2/hi/africa/7156284.stm (last visited December 28, 2007). [hereinafter BBC]
^[2] Id.
^[3] International Criminal Court Warrant for Arrest of Vincent Otti, ICC-02/04-01/05-54
^[4] BBC, supra note 1.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Id.
^[10] Id.
^[11] Id.
^[12] Id.
^[13] Id.
^[14] Id.
^[15] Katy Pownall, Ugandan Rebels Remain in Peace Talks, Associated Press Newswire, August 15, 2006, available at LEXIS, News Library, Wire News Services. (last visited December 28, 2007).
^[16] BBC,m supra note 1.
^[17] Id.