International Criminal Court investigation in Uganda

Situation in Uganda

The seal of the International Criminal Court
File no.	02/04
Referred by	Uganda
Date referred	16 December 2003
Date opened	29 July 2004
Incident(s)	LRA insurgency
Crimes	Crimes against humanity: · Enslavement · Inhumane acts · Murder · Rape · Sexual enslavement War crimes: · Attacks against civilians · Cruel treatment · Enlisting of children · Inducing of rape · Murder · Pillaging
Status of suspects
Joseph Kony	Fugitive
Raska Lukwiya	Deceased
Okot Odhiambo	Fugitive
Dominic Ongwen	Captured and extradited to the International Criminal Court in 2015. Charges confirmed in 2016. Trial due to start.
Vincent Otti	Fugitive, possibly deceased.

The International Criminal Court investigation in Uganda or the situation in Uganda is an ongoing investigation by the International Criminal Court (ICC) into the Lord's Resistance Army insurgency which has been taking place in northern Uganda and neighbouring regions since 1987.^[1][2] The Lord's Resistance Army is a Christian-based group led by Joseph Kony that is accused of numerous human rights violations including massacres, the abduction of civilians, the use of child soldiers, sexual enslavement, torture, and pillaging.^[3] Following the referral of the situation to the ICC by the government of Uganda in December 2003, warrants of arrest were issued in 2005 for Joseph Kony, Raska Lukwiya, Okot Odhiambo, Dominic Ongwen, and Vincent Otti, becoming the first people to be indicted by the Court.^[4] The proceedings against Lukwiya were terminated in July 2007 following his death on 12 August 2006.^[5]

Background

The Lord's Resistance Army (LRA) is a Christian-based rebel group that has been active in Uganda and neighbouring countries since 1987.^[2] The LRA is led by Joseph Kony, a former faith healer who founded the group on the theology of Alice Auma's failed Holy Spirit Movement.^[2][6] Kony claims to communicate with and receive instructions from spirits and God.^[6] He also claims that his insurgency is for the betterment of the Acholi people, although he has been quoted as saying, "if the Acholi don't support us, they must be finished".^[6]

Referral

The government of Uganda referred the situation to the Court on 16 December 2003.^[7] The referral was communicated via a letter sent by President Yoweri Museveni to the Prosecutor of the ICC, Luis Moreno Ocampo. The two met following the referral to establish the methods of cooperation between the Office of the Prosecutor and the government of Uganda. The two held a press conference in London on 29 January 2004 to publicly announce the referral.^[8] On 5 July 2004 the situation was assigned to Pre-Trial Chamber II by ICC President Philippe Kirsch.^[9] Moreno Ocampo announced the beginning of an official investigation on 29 July 2004.^[10]

Charges

Moreno Ocampo applied to Pre-Trial Chamber II for warrants of arrest for Kony, Lukwiya, Odhiambo, Ongwen and Otti on 6 May 2005 and the warrants for all five men were issued under seal on 8 July of that year. The warrants were unsealed on 13 October 2005.^[11]

The five men are all indicted in the same case and the indictment lists 33 crimes: 21 counts of war crimes (listed below as WC) and 12 counts of crimes against humanity (listed below as CAH). The statute column contains the reference to the crime in the articles of the Rome Statute. Not all of the counts apply to all of the men, however they all apply to Joseph Kony and all but one applies to Vincent Otti. The counts on the indictment are as follows.^{[12][13][14][15][16]}

Count	CAH	WC	Crime	Statute	Kony	Lukwiya	Odhiambo	Ongwen	Otti
1		N	Sexual enslavement (and attempted)	Article 7(1)(g)		N	N	N
2		N	Rape	Article 7(1)(g)		N	N	N	N
3	N		Inducing of rape	Article 8(2)(e)(vi)		N	N	N
4	N		Attack against a civilian population	Article 8(2)(e)(i)		N	N	N
5	N		Enlisting of children	Article 8(2)(e)(vii)		N	N	N
6		N	Enslavement	Article 7(1)(c)			N	N
7	N		Cruel treatment	Article 8(2)(c)(i)			N	N
8	N		Attack against a civilian population	Article 8(2)(e)(i)			N	N
9	N		Pillaging	Article 8(2)(e)(v)			N	N
10		N	Murder	Article 7(1)(a)		N		N
11		N	Enslavement	Article 7(1)(c)		N		N
12	N		Murder	Article 8(2)(c)(i)		N		N
13	N		Enlisting of children	Article 8(2)(c)(i)		N		N
14	N		Attack against a civilian population	Article 8(2)(e)(i)		N		N
15	N		Pillaging	Article 8(2)(e)(v)		N		N
16		N	Murder	Article 7(1)(a)		N		N
17	N		Murder	Article 8(2)(c)(i)		N		N
18	N		Attack against a civilian population	Article 8(2)(e)(i)		N		N
19	N		Pillaging	Article 8(2)(e)(v)		N		N
20		N	Murder	Article 7(1)(a)		N	N	N
21		N	Enslavement	Article 7(1)(c)		N	N	N
22		N	Inhumane acts	Article 7(1)(k)		N	N	N
23	N		Murder	Article 8(2)(c)(i)		N	N	N
24	N		Cruel treatment	Article 8(2)(c)(i)		N	N	N
25	N		Attack against a civilian population	Article 8(2)(e)(i)		N	N	N
26	N		Pillaging	Article 8(2)(e)(v)		N	N	N
27		N	Murder	Article 7(1)(a)		N	N
28		N	Enslavement	Article 7(1)(c)		N	N
29		N	Inhumane acts	Article 7(1)(k)		N	N
30	N		Murder	Article 8(2)(c)(i)		N	N
31	N		Cruel treatment	Article 8(2)(c)(i)		N	N
32	N		Attack against a civilian population	Article 8(2)(e)(i)		N	N
33	N		Pillaging	Article 8(2)(e)(v)		N	N

Court proceedings

The prosecution of the five suspects was initially consolidated into one case. However, Raska Lukwiya was dropped as a defendant following the confirmation of his death.

The Prosecutor v. Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen

Currently all four suspects are at large as fugitives and their whereabouts are unknown. On 1 June 2006 Interpol issued red notices for all the suspects.^[17] Kony and Ongwen are still believed to be leading the LRA, which has since been accused of perpetrating additional crimes. Both are suspected to be in either Uganda or a neighboring country.^[18][19] In 2009 Odhiambo told Agence France-Presse that he had defected from the LRA, but would only surrender if there was a guarantee that he would not be turned over to the Court.^[20] In December 2007, BBC News reported that on 2 October 2007 Otti had been executed on orders from Kony.^[21] Kony later confirmed Otti's death to a mediator between the Ugandan government and the LRA, however because the death has not been independently verified the Court still considers him to be at large and the proceedings against him have not been suspended.^[22]

Raska Lukwiya

Lukwiya's case was joined with their other defendants until proceedings against him were terminated following the confirmation of his death. Lukwiya was killed on 12 August 2006 in a battle with the Ugandan military. Following the Uganda government's confirmation of his death, the Court terminated proceedings against him on 11 July 2007.^[23]

References

1. "Prosecutor of the International Criminal Court opens an investigation into Nothern Uganda". International Criminal Court. 2004-07-29. Retrieved 2014-04-01.
2. McKinley Jr., James C. (1996-04-01). "Uganda's Christian Rebels Revive War in North". The New York Times. Retrieved 2011-07-18.
3. "Profile: Uganda's LRA Rebels". BBC News. 2004-02-06. Retrieved 18 July 2011.
4. "Court moves against Uganda rebels". BBC News. 2005-10-07. Retrieved 2011-07-18.
5. "Decision to Terminate the Proceedings Against Raska Lukwiya" (PDF). International Criminal Court. 2006-08-12. Retrieved 2010-07-17.
6. "Profile: Joseph Kony". BBC News. 2005-10-07. Retrieved 2011-08-13.
7. "ICC-CPI-20051026-111: ICC Holds Seminar with Ugandan Judicial Authorities". International Criminal Court. 2005-10-26. Retrieved 2011-09-21.
8. "ICC-20040129-44: President of Uganda refers situation concerning the Lord's Resistance Army (LRA) to the ICC". International Criminal Court. 2004-01-29. Retrieved 2011-09-21.
9. "ICC-02/04-1: Decision Assigning Situation in Uganda to PTC II" (PDF). International Criminal Court. 2004-07-05. Retrieved 2011-09-21.
10. "ICC-OTP-20040729-65: Prosecutor of the International Criminal Court opens an investigation into Nothern Uganda". International Criminal Court. 2005-07-29. Retrieved 2011-09-21.
11. "Case The Prosecutor v. Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen". International Criminal Court. Retrieved 2011-08-30.
12. "ICC-02/04-01/05-53: Warrant of Arrest for Joseph Kony issued on 8 July 2005 as amended on 27 September 2005" (PDF). International Criminal Court. 2005-09-27. Retrieved 2011-08-30.
13. "ICC-02/04-01/05-55: Warrant of Arrest for Raska Lukwiya" (PDF). International Criminal Court. 2005-07-08. Retrieved 2011-08-30.
14. "ICC-02/04-01/05-56: Warrant of Arrest for Okot Odhiambo" (PDF). International Criminal Court. 2005-07-08. Retrieved 2011-08-30.
15. "ICC-02/04-01/05-57: Warrant of Arrest for Dominic Ongwen" (PDF). International Criminal Court. 2005-07-08. Retrieved 2011-08-30.
16. "ICC-02/04-01/05-54: Warrant of Arrest for Vincent Otti" (PDF). International Criminal Court. 2005-07-08. Retrieved 2011-08-30.
17. "ICC-OTP-20060601-138: Interpol issues first ICC Red Notices". International Criminal Court. 2006-06-01. Retrieved 2011-09-21.
18. Gettleman, Jeffrey (2010-04-10). "Uganda Enlists Former Rebels to End a War". The New York Times. Retrieved 2011-09-21.
19. Claude, Omona Emma (2011-02-15). "LRA accused of killing civilians in DRC". AfricaNews. Retrieved 2010-09-21.
20. "Lord's Resistance Army number two plans to turn himself in". Google News. Agence France-Presse. 2009-01-27. Retrieved 2011-02-25.
21. "Otti 'executed by Uganda rebels'". BBC News. 2007-12-21. Retrieved 2011-09-21.
22. Mukasa, Henry (2008-01-23). "Kony confirms Otti's death". New Vision. Retrieved 2011-09-21.
23. "ICC-02/04-01/05-248: Decision to Terminate the Proceedings Against Raska Lukwiya" (PDF). International Criminal Court. 2007-07-11. Retrieved 2011-09-21.

External links

• International Center for Transitional Justice, Uganda
• Situation in Uganda – International Criminal Court
• Kony2012 - Campaign to stimulate the arrest of Joseph Kony