International Criminal Court (ICC) – Uganda - Request for Arrest and Surrender Documents Reclassified as Public

Today the International Criminal Court (ICC) posted a number of documents to the ICC website that have been reclassified as public. Among the documents are requests for the Republic of Sudan and the Democratic Republic of Congo to arrest and surrender to the Court Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen, who are accused of committing war crimes and crimes against during the conflict between the Ugandan government and the Lords Resistance Army. Originally, an arrest warrant was also issued for Raska Lukwiya, who is confirmed to have died in battle last fall.^[1]

The timing of the release of these reclassified documents is interesting, considering recent news reports of the faltering peace talks between the LRA and the Ugandan government, including speculation that the arrest warrants may be impeding the talks’ progress. The peace talks are taking place in Sudan, although the LRA leaders have challenged that country’s neutrality and the Sudanese mediator’s ability to be impartial.^[2] The challenges to the tenuous halt to hostilities in Uganda, however, involve more complex issues than ICC arrests.^[3] The Ugandan government’s possible violation of the Cessation of Hostilities agreement, LRA political maneuvering, the relationship between Uganda and Sudan and pressure from the international community are all factors in the interplay between Uganda and the rebel fighters.^[4]

Sudan is not a party to the Rome Statute, and therefore is not bound by a general obligation to cooperate with the Court nor by the specific obligation to execute the Court’s requests for the arrest and surrender of individuals.^[5] However, Interpol has issued Red Notices for Kony, Otti, Odhiambo and Ongwen, and all Interpol member countries have an obligation to execute the ICC warrant, including Sudan.[6]

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[1] See Submission of the Information on the Status of the Execution of the Warrants of Arrest in the Situation in Uganda, ICC-02/04-01/05-116, October 6, 2006. In paragraph 9, the Office of the Prosecutor reports that DNA testing done on the body believed to be Lukwiya’s confirmed that he is dead.
[2] Rice, Xan, Uganda Rebels Threaten Return to Battlefield, Guardian, Feb. 7, 2007
[3] Quaranto, Peter, Uganda: Who’s to Blame if Juba Peace Talks Fail?, New Vision (Kampala), Feb. 12, 2007 (via AllAfrica.com).
[4] Id.
[5] Rome Statute of the International Criminal Court, U.N. Doc. A/CONF.183/9, Arts. 86 and 59(1). See also the list of current State Parties to the Rome Statute here.
[6] A list of Interpol member countries can be found here.

International Criminal Court (ICC) – Registry Holds Workshops in Uganda

Last week in Soroti town, Uganda, officials from the Registry of the International Criminal Court (ICC) conducted one-day workshops with local leaders from the Teso region, including the districts of Amuria, Katakwi and Soroti.^[1] On February 6, ICC officials met with clan leaders from the Amuria district, and the following day convened with participants representing civil society organizations, local councils, the judiciary, and security organs from Amuria and the other Teso districts.^[2] The Registry officials responded to participants’ concerns and recommendations and gave out information on how victims can take part in the Court’s proceedings.^[3] The Registry held the workshops to strengthen the locals’ understanding of the Court and boost outreach networks.^[4]

The Registry is the administrative organ with responsibility for the non-judicial functions of the ICC.^[5] In a plenary session, the judges of the ICC elect the head of the Registry, called the Registrar, by an “absolute majority.”^[6] The Registrar serves full-time for five years and can be re-elected once for an additional five-year term.^[7] If needed, the Court can also elect a Deputy Registrar.^[8]

The Registry functions under its own set of regulations, the Regulations of the Registry, which we have discussed in the past.

Among the other functions of the office, the Registry is the “channel of communication” for the Court, facilitating communication between the Court and parties to Court proceedings, and between the Court and the world at large.^[9]

According to the Rules of Procedure and Evidence, the Registry also runs a Victims and Witnesses unit, responsible for providing appropriate assistance to victims and witnesses.^[10] As part of their function as the communications channel and their duties regarding victims and witnesses, the Registry officials met with the locals groups in Uganda to distribute information on how victims could participate in Court proceeding. The officials listened to recommendations from the locals on ways to disseminate information at the grassroots level and to the locals’ concerns about confidentiality.^[11]

The conflict in northern Uganda led the Ugandan government to refer the situation to the ICC in December 2003.^[12] The ICC has issued arrest warrants for Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen, who, as leaders of the Lord’s Resistance Army, have been accused of war crimes and crimes against humanity.^[13]

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[1] ICC Holds Workshops with Clan Leaders from Uganda’s Amuria District, ICC-CPI-20070201-199-EN, Feb. 6, 2007 and ICC Holds Workshop with Stakeholders from Uganda’s Teso Region, ICC-CPI-20070702-200-EN, Feb. 7, 2007.
[2] Id.
[3] Id.
[4] Id.
[5] Rome Statute of the International Criminal Court, U.N. Doc. A/CONF. 183/9, Article 43(1).
[6] Rome Statute, Art. 43(4) and Rules of Procedure and Evidence, Rule 12(3).
[7] Rome Statute, Art. 43(5).
[8] Rules of Procedure and Evidence, U.N. Doc PCNICC/200/INF/3/Add.3, Rules 12(4) and (5).`
[9] Rule 13(1).
[10] Rome Statute, Art. 43(6).
[11] ICC Holds Workshops with Clan Leaders from Uganda’s Amuria District, and ICC Holds Workshop with Stakeholders from Uganda’s Teso Region.
[12] Statement of the Chief Prosecutor on the Uganda Arrest Warrants, Oct. 4, 2005.
[13] Prosecutor v. Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen, Case ICC-02/04-01/05.