Achieving Justice Through the International Criminal Court in Northern Uganda

Abstract

The self-referral by the Ugandan government for the situation concerning the Lord’s Resistance Army/Movement in Northern Uganda triggered the first referral for the International Criminal Court (ICC). The purpose of this article was to examine the dimensions of justice, and analyze whether the ICC’s role best serves the needs of the community in Northern Uganda. More specifically, this study investigates several guiding orientations of the ICC, such as the rule of complementarity and the increased focus on victims, and asserts that international third-party actors must consider whether retributive/punitive approaches can deliver justice. Restorative justice is explored as an alternative vision of justice, and one that is already present and practiced by the Acholi people. Given the complexity of issues facing postconflict societies, as well as the strengths of restorative justice to heal the community, the authors argue that traditional or indigenous forms of justice represent the best approach for obtaining justice for victims.

Perspective Chapter: Correctional Facilities in Uganda – Policies, Practices, and Challenges

“…The pre-trial stage of the criminal justice process is particularly susceptible to corruption, with police, prosecutors, and judges making arrests, detentions, and releases based on bribes. This has severe repercussions for the accused, their families, and communities, even if the person is later acquitted [3].…”

“…Through the lens of policies, practices, and challenges, this exploration invites readers to contemplate the broader implications on individual lives, community dynamics, and the overarching goals of justice in Uganda. As we embark on this journey, I seek not only to shed light on the current state of correctional facilities but also to foster dialog and critical reflection that may pave the way for a more equitable and effective criminal justice system in Uganda [3].…”