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International justice versus local needs in Uganda
Written by: Rachael Taylor
The International Criminal Court (ICC) launched its first war crimes indictment in July 2005 with a set of warrants against Joseph Kony, leader of Uganda's Lord's Resistance Army (LRA), and four of his commanders. But since the rebels and the Ugandan government signed a truce in August, there have been growing calls for the charges to be dropped - including from Uganda's president. The 33 charges against Kony include crimes against humanity and war crimes, including murder, enslavement, rape and using child soldiers. Few in northern Uganda question his guilt, but according to a report in Britain's Guardian newspaper, many worry that the ICC's determination to pursue the arrest warrants could prove an obstacle to ending Uganda's 20-year civil war. "This war has been so terrible that we do not want it to go on for another day," the Guardian quotes Beatrice Odoch, a subsistence farmer whose mouth was badly mutilated by LRA rebels, as saying. "We can forgive those men for their crimes against us if it ends the war. They will face judgement another day." The implication of Odoch's words is that international trials should be subordinated to local peace deals and reconciliation. The Ugandan government's offer of amnesty to Mr Kony, on the condition that he sign a peace deal, would do just that. Norbert Mao, the chief elected representative for Odoch's district, supports this policy, saying the ICC should accept Uganda's proposal for local justice, which emphasises apology and forgiveness, the Guardian reports. Uganda points to South Africa's Truth and Reconciliation Commission (TRC), which offered amnesty in return for confession and full disclosure. The Guardian quotes Alex Boraine, the TRC's vice chairman, as saying Nelson Mandela was forced to agree to demands for an amnesty by white officials: "Because of the need to get a deeply divided society to a point that they could actually live together in the same land there had to be fairly significant compromises." Yet given a recent gentle reminder by the ICC that governments are obliged to implement the warrants if Kony is on their territory (without an acting police force the ICC has no powers of arrest), there is little sign of the court backing down. "It would be fatally damaging to the courts if Museveni got away with granting an amnesty", the paper quotes Richard Goldstone, the former chief prosecutor for the Bosnia and Rwanda tribunals, as saying. Goldstone's concern that the reputation of the courts could be undermined is not unreasonable, but many feel it's also important that local priorities be taken into account - a point made recently by fellow blogger Alex Whiting in Another way of seeing. The Guardian lists Odoch's priorities: "Get abducted children back. End the war. Allow people to return to their homes. Only then does she mention justice." Britain, a firm supporter of the ICC, maintains that fear of international justice will discourage similar atrocities in the future. Not that any such fears have discouraged mass killings in Congo or genocide in Darfur.
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2 responses to “International justice versus local needs in Uganda”
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09 Jan 2007 20:13:07 GMT
Has the cycle of violence and displacement not gone on for long enough in Northern Uganda? Has the international community not withheld pressue for 20 years on sovereign authorities possesing the capacity to end the LRA conflict? Has the government of Uganda not been sluggish in finding a durable solution to the years of insecurity? Does not the repetitive peace talks in Northern Uganda arrive yearly with the change of seasons simply to satisfy the detached minds of southerners and serve only the perverted aims of the perpetrators? The international community has held its tongue for two decades concerning the atrocities occuring in Northern Uganda and as a result millions of unspeakable human rights abuses have occured. When the ICC determines to finally speak out by issuing LRA arrest warrents, politics in Uganda make the ICC look like the inhibitor of peace. If the "war against Joseph Kony" hasn't been resolved in 20 years! , why is it all the sudden the fault of the ICC?
11 Jan 2007 10:28:57 GMT
I agree with Mr. Cottrell and with Britain. If the ICC's strength to arrest and try Joseph Kony and his ilk is squandered, this will re-send the plain message that easily translates and interprets to all. This message, 'don't worry, harming the innocent in conflicts will be ok.'
Why do man-made disaster debates dead end in the either/or' scenario? Why not pick up on the dialogue on how to achieve both the 'either' and the 'or'? Specific to this article: International Justice AND International Humanitarian Support-for children, home, habitat, and meaningful livelihoods. If evidence-based pathological, destruction-driven personalities are allowed to continue unabated, harmfully affecting other's bodies and minds, while those in positions of decisiveness and influence stall, pander and blather, the latter become complicit in further harm, slowing healing and meandering the process of achieving a viable coexistence on Earth. If I had been caught in, wounded and traumatized by a long running conflict, I think I also would consider anything to stop this awful madness and anguish. Yet, what do the ones who can no longer speak say? The mute-traumatized? And the dear and dead ones? Would it augment their trauma upon learning that Mr.Kony might be morphed into a 'sacred cow'? We need to get beyond predominantly linear, nationalistic/tribal thinking patterns and perceive ourselves as international within an interdependence/wholistic thinking and doing framework. Supporting a plan of action that addresses more than one aspect simultaneously rather than reheating and reinforcing the antagonism and the linear fashion angles could be a valuable step for the media to take for humankind. Unless we prefer to forget, the 5 Wâs and 1 H.