July 17 is globally recognized as the “World Day for International
Justice,” also referred to as the “Day of International Criminal
Justice” or “International Justice Day.” The day is commemorated around
the world as part of an effort to recognize the emerging system of
international criminal justice and to mark the anniversary of the
adoption of the Rome Statute of the International Criminal Court (ICC).
Since the ICC intervened in the Ugandan situation 13 years ago,
International Justice Day in Uganda has revolved around activities of
the court. With the trial of Dominic Ongwen currently ongoing before
the ICC, it is not surprising that this year’s commemoration focused the
Ongwen case.
Ongwen is charged with 70 counts of war crimes and crimes against
humanity allegedly committed in attacks on camps for people displaced by
the conflict in northern Uganda. He has also been charged with sexual
and gender-based crimes, including the crime of forced marriage. This
article recounts the celebrations held in Uganda to mark International
Justice Day and questions that were asked following a public screening
of the Ongwen trial conducted by the ICC in Gulu.
In Uganda’s capital Kampala, the ICC launched an “Access to Justice”
project in collaboration with the Danish Embassy in Uganda. The project
is aimed at facilitating the ICC’s continuous efforts to respond to the
information demands of the communities affected by the conflict in
northern Uganda. The major highlight of the project was the donation of
television screens and radios to 23 communities in northern Uganda that
will enhance the capacity of the local population in northern Uganda to
follow the proceedings against Ongwen. The project will also strengthen
capacity of the religious and cultural leaders to further engage the
members of their respective communities on issues related to the court.
In Gulu district in northern Uganda, July 17 was marked by a public
town hall screening of past court sessions of Ongwen’s trial. The
screening was conducted in both English and Acholi languages and
attracted several members of the public. After the screening, community
members were given an opportunity to ask questions regarding the case.
There were many basic questions asked about the functioning of the
ICC by participants. Examples included: does the ICC have soldiers of
its own and why there were no black judges sitting on the bench of the
trial of Ongwen trial?
The ICC representative fielding questions explained that the ICC has
no military force and relies on the member countries to effect arrests.
In response to the question on judges, the representative explained that
ICC judges are elected from all over the world and stressed that they
are elected based on their qualifications and experience, not their skin
color or nationality.
Questions were also sparked by what community members heard and saw
during the screening. One participant remarked that he heard a voice
similar to LRA leader Joseph Kony’s speaking in Langi language,
appreciating Ongwen for being a good fighter. The participant asked how
it was possible that Kony could speak Langi, yet he was an Acholi by
tribe. The ICC representative clarified that the audio heard in the
video was only from witnesses who appeared before the court. The ICC
representative also informed the gathering that most of the witnesses
who have testified to date were former LRA rebels who had served under
the leadership of Ongwen.
The video footage also showed LRA soldiers putting on new army
uniforms, so another participant asked to know where the LRA fighters
received their supplies of army uniforms. The ICC representative
responded that this was a matter for the court to determine during
hearings if deemed relevant.
Many questions arose about prosecution and trial strategy. One
participant asked why the court charged Ongwen with 70 counts of war
crimes and crimes against humanity. The participant felt that the huge
number of counts made it appear as though Ongwen was being made to
shoulder the burden for all the crimes committed by the LRA. The court
representative explained that Ongwen was being tried for attacks that
happened in four IDP camps and that the charges were commensurate given
the high level of atrocities committed during the attacks and the large
number of civilians who died in the process.
Another participant asked to know what strategies the prosecution and
defense were using to choose witnesses to testify in the trial. The ICC
representative responded that the decision on what type of witness to
call was entirely at the discretion of the prosecution and defense
counsel depending on the type of information they were looking for.
One person asked why the ICC had not waited for Kony and other
commanders to be arrested before commencing the trial of Ongwen. The
participant reasoned that because the arrest warrants for the five top
LRA commanders were all issued at the same time, they should have been
tried at the same time. The ICC representative responded that the court
could not wait until all rebel leaders had been arrested and had to try
Ongwen separately in order to expedite the trial in accordance with
international fair trial standards.
The ICC investigation also appears one-sided to some. In particular,
one participant asked why the ICC had failed to prosecute individuals
from the government of Uganda who fought against the LRA. The ICC
representative responded that the ICC had not failed to prosecute the
government for crimes committed by its soldiers, but it lacked proof and
evidence required to make a case under law.
Community members were also interested to know more about the rights
of Ongwen. For example, does he have the right to appeal in the event he
is convicted and where would his sentence be served? The court
representative explained that Ongwen had a right to make an appeal in
the event of a conviction. He also explained that, if convicted, Ongwen
would have to serve his sentence in an ICC member country because the
ICC does not have its own prison.
Another participant asked whether there was a possibility that
Ongwen’s case could be referred back to Ugandan courts. The ICC
representative responded that the ICC gives countries the option to
request a case to be withdrawn and tried domestically through an appeals
process. However, he noted that Uganda had not made this request.
Regarding the slow pace of the trial, one participant asked why the
ICC has not set a specific time frame for the completion of Ongwen’s
case. The ICC representative could only say that it was very difficult
to set a time frame due to many unforeseen circumstances that could
delay the case.
There is still a very large information gap about how the ICC
operates that exists in northern Uganda, particularly among
conflict-affected communities. While the move by the ICC to provide
television screens and radios will help in enhancing these communities’
ability to follow the trial, the above questions indicate a need for
sustained outreach throughout the trial.
Lino Owor Ogora is a peace-building practitioner who has worked
with victims of conflict in northern Uganda since 2006. He is also the
Co-Founder of the Foundation for Justice and Development Initiatives (FJDI),
a local Non-Government Organization based in Gulu District that works
with children, youth, women and communities to promote justice,
development and economic recovery in northern Uganda.
