The International Criminal Court and the Lord's Resistance Army Leaders: Prosecution or Amnesty?

Abstract

On 13 October 2005, the International Criminal Court (ICC) Pre-Trial Chamber II unsealed the warrants of arrest for five senior leaders of the Lord's Resistance Army/Movement (LRA/M) for crimes against humanity and war crimes committed in Uganda since July 2002. While these warrants were yet to be executed, the Ugandan government entered negotiations with the LRA/M rebels. As a result Uganda's President Yoweri Museveni, disregarding the ICC arrest warrants, announced a 'total amnesty' for the LRA combatants in July 2006 on the condition that the rebels renounced terrorism and accepted peace. Following the amnesty offer, an agreement on cessation of hostilities between the Ugandan government and the LRA/M was concluded with effect from 29 August 2006. This article considers the question whether a 'total amnesty' to individuals indicted by the ICC may be binding upon the ICC.

Rebranding the State: Uganda's Strategic Use of the International Criminal Court

“…The Ugandan government thus appeared to invite precisely the peril realists warn against by shining a spotlight on its response to the Northern conflict. The official terms of the referral placed Museveni and his close associates in the military at risk by allowing investigation into possible Uganda People's Defence Force (UPDF) crimes in the counter‐insurgency, which has included many potentially indictable offences (Apuuli, : 403–405; Ssenyonjo, : 365). Where these theories propose that Uganda should be shielding itself from view, the state seems to invite international attention to core domestic practices for which it could be punished.…”

International Criminal Justice in Africa: Some Emerging Dynamics

“…The ICC Prosecutor however refused to drop the indictments and ICC held on to the indictments while blaming the government for these developments. The government and its supporters on the other hand blamed the ICC for being a block to the peace process and the continuing blood shed in the Northern Uganda Apori-Nkansah, 2008;Cobban, 2006;Ssenyonjo, 2007).…”

Withdrawing the Case of Uganda from the Jurisdiction of the International Criminal Court

“…In comparison, they claim, traditional justice is more suited given that it prioritizes reconciliation and reintegration. 13 There are several ceremonies that are traditionally practiced by northern Ugandans which act as retributive mechanisms. Mato Oput (meaning 'drinking of the bitter herb or root') is the main one discussed as suitable for Joseph Kony and other LRA members, particularly those sought by ICC arrest warrants.…”