ICC Prosecutors Refuse to Lift Indictments Against Alleged War Criminals

Prosecutors of the International Criminal Court (ICC) have stated that arrest warrants for Ugandan rebels accused of war crimes are still valid, in spite of an agreement reached between the rebels and the government that allows for the individuals to be tried in Uganda.^[1] Those alleged to have committed serious crimes during a two-decade long insurgency by the Lord's Resistance Army (LRA) are to be tried in Uganda's High Court according to that agreement. Those accused of lesser crimes would be tried according to Mato Put, northern Uganda's traditional justice system.^[2]

Despite the agreement, the Hague-based ICC has issued arrest warrants for five officers of the rebel group, including leader Joseph Kony. The charges being brought against the accused include murder, rape and mutilation.^[3]

The spokeswoman for the prosecutor’s office, Florence Olara, states that the prosecutor's office ''is very confident that the case for which warrants have been granted is and remains admissible.'' ^[4] Prosecutors are refusing to comment on both the peace negotiations between Kampala and the LRA and agreement reached between the two parties.^[5]

Judges would have to approve any decision to drop the international charges. This would only if the Judges first ensure that the individuals accused of these crimes receive a proper trial in Uganda.^[6]

LRA leaders were the first suspects indicted by the world's first permanent war crimes court. However, they have evaded the ICC’s reach by staying either in northern Uganda or across the border in southern Sudan.^[7]

Observers are wary about the deal reached between the LRA and the Ugandan government. According to a statement by Richard Dicker, International Justice Program director at Human Rights Watch, the agreement ''could be a major step toward peace and justice for northern Uganda, but the true test lies in how the agreement is put into practice.''^[8] Dicker reiterated by stating that, ''there must be fair, credible prosecutions of the most serious crimes committed by both sides and sufficient penalties for those convicted. The agreement does not fully speak to this, and we look to the parties and international partners to ensure that they are properly addressed.''^[9]

The agreement is the result of mediation by southern Sudanese leaders that has been ongoing since July 2006. The trials are the latest step in these peace talks.^[10]

Africa's longest running conflict, the Ugandan conflict was initiated by a 1986 rebellion in the north when a southern Ugandan, President Yoweri Museveni, took power.Uganda’s next step is to attempt to convince the ICC to drop charges against alleged LRA leader Kony so he may be tried in Uganda after signing a wide-ranging peace agreement.

As we have reported before, the indicted LRA leaders have cited the ICC charges as a roadblock to the realization of any real peace. According to a 2006 statement by LRA’s spokesperson, Vincent Otti, the rebel organization's leadership would stay in hiding until the indictments are lifted.^[11]

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[1] Katerina Ossenova, ICC Says Uganda Rebel Arrest Warrants Still In Effect Despite National War Crimes Court Deal, The Jurist, Feb. 20, 2008 (available at http://jurist.law.pitt.edu/paperchase/2008/02/icc-says-uganda-rebel-arrest-warrants.php).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] Samuel Okiror Egadu, Institute for War & Peace Reporting, Uganda: Kampala Rules Out Blanket Amnesty for LRA, Allafrica.com, Oct. 8, 2007.