“You can’t violate orders in the Lord’s Resistance Army,” Sixth witness tells court

On Wednesday 24^th October 2018, Jackson Acama a former primary school teacher testified about several topics at the ICC in the trial of Dominic Ongwen. Among the issues Mr. Acama testified about included but were not limited to; the formation of the Holy Spirit Movement [now LRA], Alice Lakwena’s powers, Kony and events that take place in the LRA. Jackson Acama, told court that when the National Resistance Army (NRA) [now UPDF] captured power, a section of the then army formed a rebel group called the Uganda People’s Democratic Army (UPDA) locally known as ‘Cilil’.

He narrated how he ended up in the LRA. He said the NRA that had just taken over power did not cooperate with civilians but rather carried out killings, torture, looting and mistreatment of civilians. “This prompted many of us to join the newly formed UPDA” Acama said. He noted that the UPDA did not agree with human rights violations which enabled them to gain local support. Mr. Acama asserted that in the UPDA he was taken as a coordinator responsible for mobilizing food stuff, and sensitizing the community about the objectives of the group; and in 1986 he was taken by the UPDA to meet Kony’s Holy Spirit Movement in a place called Awoo. “It was after being promised that collaborators would be allowed to return…, but to the contrary we were never allowed to return and that is how I ended up being conscripted forcefully into the Holy Spirit Movement [now LRA]. Acama said.

He further said the Holy Spirit Movement was started by Alice Lakwena after being inspired by the ‘holy spirits’. He explained that due to the ‘holy spirits she possessed’, Alice Lakwena became a traditional healer with the right to treat. Because of her skills Alice worked in UPDA as a doctor until when the NRA attacked a UPDA sick bay and killed all her patients. “Spirits commanded Alice Lakwena to declare a war against the NRA in retaliation.” Acama recalled.

Mr. Acama explained that initially, the ‘holy spirit’ ordered Alice Lakwena to form a taskforce of 300 troops with her exclusive after a battle in the eastern district of Mbale. Jackson Acama said at that time there were disagreements which ensued between Alice and the ‘Holy spirit’ who blamed her for failing to unite all Ugandans. “The Holy spirit ordered for her killing” but she escaped to Kenya where she sought asylum. Mr. Acama said that before escaping Lakwena prophesized that, “A boy would emerge and continue the war; the war would begin from Sudan.” Jackson Acama asserted that the boy she was talking about is Kony.

In clarification, the witness said the prophecy came to pass when the ‘Holy Spirit’ manifested itself to Kony on the Awere hill inform of a pigeon at a distance of 10m. “That is how God made him a servant” he said. He further narrated that Kony then joined the UPDA 105 brigade, which he later turned personal and named it the Holy Spirit brigade. He stated that Kony’s spiritual qualities inspired even children to join his movement and this culminated into the fulfillment of Alice Lakwena’s prophecy.

While in the LRA, Jackson Acama said he was recruited as a technician because he was learned. He said technicians have the responsibility of controlling armaments through performing some rituals to render the enemies’ weapons dysfunctional at the battlefront. Similar to technicians, Mr. Acama said are controllers who also control firearms, extortion of spirits among others. However, he explained that whereas controllers go to the field, technicians do not. He said in 1988 when LRA attacked Kitgum he was personally controlling the enemies’ guns from a stream but during that battle in particular, Egyptian made guns called ‘Raskas’ failed to be controlled, but the rest were completely controlled. The witness also talked about ‘control alter and the yard’ which he said is the holiest place in the LRA where all powers of God are exercised.

He also noted that the LRA have very strong regulations against escaping. “You can’t violate orders in the LRA, you can’t initiate your own order and when an order is issued it must be followed.” Acama said. He narrated a story of a man called Ojok who escaped but was pursued and speared to death when the troops got him at a ‘drink-up’ joint after recovering their gun. He further mentioned that the LRA doesn’t condone the rape of women but abducted women are distributed to various soldiers with strict regulations. He further explained that spirits give initial orders that Kony then issues through a chain of command. “This made people to continue to work and stay in the LRA because they believed to be working for God.” He said

The witness concluded his testimony on Thursday October 25th. The next witness will testify on Monday October 29^th, 2018

Fifth defense witness testifies in the case of Dominic Ongwen at the ICC

On Monday 22^nd October, the fifth defense witness in the case of Dominic Ongwen testified at the ICC after a two week’s break. Mr. Nathan Emory Iron a former officer in the Uganda People Front/Army (UPF/UPA) who also worked with both the Ugandan government and in rebel activities recalled his previous experiences with the current president of Uganda and close associates before and after he came into power, and how he met the LRA leader Joseph Kony. He described Mr. Museveni (President of Uganda) as “a man who wants to do things on his own.”

Mr. Emory was taken through his testimony by Thomas Obhof- one of the defense lawyers on Monday 22^nd October and part of Tuesday 23^rd October. Nathan Emory said he was “a guest commander” with the LRA while the group was based in Aru, in the present-day South Sudan. The witness explained that he was with the LRA from around 1996 till 2000.

Among other things Mr. Nathan Emory talked about was the abducted Aboke Secondary School girls who were in the custody of the LRA and the pressures exerted on Joseph Kony by Sudanese government to have the girls released. As a ‘guest commander’, Nathan Emory said he took part in activities aimed at persuading the LRA to stop malicious acts. “I engaged with various agencies in Sudan including the French Embassy in Sudan to compel them to negotiate the release of the Aboke Secondary School girls” Nathan told court.

Nathan further mentioned that he chose to relate with the LRA and negotiate with Kony because President Museveni of Uganda “does things on his own” although his main intention was to resolve the Northern Uganda conflict including the release of abducted girls and disbanding forced recruitment in the LRA.

He further explained some of the rules in the LRA and among them was the rule that demanded everyone to pray at least once a day “however if spirits send a message to the leader Jospeh Kony, we could pray even ten times a day.” Emory said. He revealed to court that in the LRA every new born baby had to be baptized with water and that, mothers were protected and kept away from danger. He said there were a number of such rituals conducted in the LRA camp [Aru camp] where he lived for some time such as“respecting water sources” among others.

Mr. Emory also recalled how at one point they escaped attack by the UPDF on the Karuma-Pakwach road which prompted Joseph Kony to order performance of rituals but he did not recall the exact rituals performed that day.

In addition to that, the witness informed the court that the camp [Aru camp] had good facilities and properly trained health specialist to provide health care to people. And that, at the time Dominic Ongwen was still a young man who one time was in-charge of his [Nathan] security.“He (Ongwen) protected me, his soldiers and the other people very well until Kony came back.” Emory said in part during cross-examination by prosecution lawyer-Gumpert on the second day of his testimony. Prosecution lawyer- Gumpert also asked the witness to clarify some of his submissions, Gumpert went on to read documents authored by the witness on behalf of the LRA, and in response he said “the documents were authored under instructions of Kony.” 

The Legal representatives of victims declined to cross-examine the witness. The last part of his cross-examination was held in private session, and testimonies by defense witnesses are still on-going

Ongwen is being charged with 70 counts of war crimes and crimes against humanity allegedly committed in the former internally displaced persons (IDP) camps of Lukodi, Pajule, Odek, and Abok in northern Uganda. Among the 70 counts are charges of sexual and gender-based violence and the use of child soldiers. His trial started in December 2016 and both the prosecution and legal representatives of victims have finished presenting their cases.

The Defence Opening Statement of Dominic Ongwen trial reaches Pajule, Pader District

On October 22^nd, the population of Pajule and its surroundings had the opportunity of watching the September 18^th 2018 opening statement from the Defence counsel in the on-going trial of Dominic Ongwen at the ICC, in The Hague.

The screening of the open statement from the defence was organized by the ICC focal group of Pajule Sub-County in five different parishes. The parishes where the screenings took place were Ogole, Ojile (in Paluo), Paiula, Lokaci, and Koyo.

The exercise received a very high turn-out from the locals with an estimated 1,000 (both male and female of all ages) community members attending. For instance, in Paiula 250 people attended the broadcast. However, the ICC focal group had a few challenges during the process. In Ogole Parish for example, there was a technical problem that delayed the start of the exercise. Besides community members also arrived late since a number of them were engaged in their farm gardens because of the current rainfall in the area

Amazed by the large turnout of community members, an FJDI staff who joined the affected community members in Pajule at the different venues wondered how the mobilization was effectively conducted. “we spent days announcing the upcoming screening…,some of us walked door to door to ensure that every member of the community got the information about the exercise” said one of the ICC focal group member.

At the screening, some of the community members were attending for the first time. Asked why they chose to attend the opening of the defense screening in particular, one said “the defense opening statement couldn’t be missed… In my opinion Ongwen should’ve been found guilty a long time ago, this is why I am curious to hear what the defense has to say”.

Eighty-two (82) kilometres apart from Gulu, comments from the public attending the screening are the same. Many are similar to those made by people who attended previous screenings in Gulu at the district council hall. As some wondered why he (Ongwen) was still in court answering charges on war crimes and crimes against humanity even though he was abducted at a tender age, others expressed their frustrations that the court is taking so long to reach a verdict. In certain instances, people within the community claimed Ongwen can be forgiven by those who suffered during the conflict and want him to come back to Uganda.

Article 68 of the Rome Statute provides for the participation of victims in proceedings of trials of those that harmed them. With support from the Danish Embassy the ICC outreach team has been able to support the participation of victims in the trial process. They have involved and engaged with victims through screening of the trial proceedings in communities affected by the LRA.

Besides the screenings the ICC has gone an extra mile to support victims to attend live court sessions in the Hague. This has largely created awareness about the ongoing trial and boosted victim participation. “with the screening by the ICC, I am informed about what is going on in the court” said a community elder in Abok (one of the case locations in Lango sub-region)

Although perpetrators are of primary importance in any criminal justice process, it’s very important that victims are held close in the on-going trial of Dominic Ongwen because their participation is the driving force to the debates that take place in court. Primary in any court proceeding, victims serve as witnesses to provide court with evidence needed for judges to make their judgement thus supporting court in administering justice for the atrocities committed against them. 

It wasn’t Ongwen but the LRA: Why Ongwen’s Culpability Should be taken into Consideration by the ICC

On September 18^th 2018, in defense of Dominic Ongwen the defense counsel led by Krispus Ayena Odongo submitted before the Judges at the ICC that the 70 counts of war crimes and crimes against humanity allegedly committed by their client were committed by the Lord’s Resistance Army under the leadership and command of Joseph Kony.

Counsel Ayena argued that his client, Mr. Ongwen was never present in the former internally displaced persons (IDP) camps of Lukodi, Pajule, Odek, and Abok in northern Uganda and was never involved in the planning of the attacks. Ayena’s counterpart, Charles Acheleke Taku added that just like Vincent Otti, and Okot Odhiambo and others, Ongwen was under duress from the leadership in command during his time in captivity.

In any violent conflict the behavior of perpetrators many times has a mix of innocence and guilt—many would call it a grey area. Child soldiers a category under which Dominic Ongwen clearly falls because he was abducted at a tender age are compelled to commit crimes against communities and people they Love in the course of the conflict. To say that crimes committed in any place is entirely a one man’s responsibility is debatable.

 It is the hope of some victim communities especially those close to Ongwen that the Judges are able to understand the complexities and command structure of the LRA clearly as they seek justice for Ongwen. This shouldn’t be solely based on the premise that modern justice systems are designed to identify individual responsibility.

Although identifying individual responsibility forms the core of modern justice systems, it ought to be understood by the courts such as the ICC that in most African societies, guilt is viewed as collective. Since Ongwen was under the leadership of the LRA that gave the orders. It might be wise to look at his contribution towards the alleged crimes as a collective rather than an individual responsibility because after all trials often seek to bring fourth criminal guilt and not the moral responsibility.

Fourth witness in Dominic Ongwen’s trial compares Kony to Hitler

Mr. Okot James, a clan leader and peace mediator, began his testimony with a narration of a story of when in 1972, he had to fly to Sudan from the conflict that affected Uganda and kept him away until 1979. Okot told court that when he returned he became a farmer but, as a result of the LRA conflict, he lost his cattle, goats and crops which has made life very miserable for him in his small village in Pabbo.

Okot narrated how he was abducted by the Uganda People’s Democratic Army (UPDA), taken to the bush and tortured. “In exchange for my return, I was asked to coordinate a group which I tried very hard to reconcile with the government…unfortunately, people had other intentions than peace making my efforts to fail” said Okot.

In 1989, Mr. Okot said he was imprisoned by the Ugandan government in a military barracks and them moved to a civilian prison for a total of four months. The conditions were horrible in both situations, Mr. Okot recalled: “when you’re a prisoner you are beaten, mistreated, you don’t have rights nor voice. You have to obey to protect your own life.” Okot said.

 In the barracks he was subjected to force labour. He uprooted grass and carried big amounts of corn on his shoulders. After four months he was released because they had no evidence to proof his guilt. 

After narrating what he went through while in detention, the defence counsel asked for clarity about his current job. Mr. Okot explained that he is a mediator of inter-clan disputes. In addition, the Defense inquired on the role of different types of spirits making part of the Acholi tradition. For instance, Gemo, which Okot said is an evil spirit associated with diseases like measles and death.

When asked about the link between Joseph Kony and spirits, the witness said that he can’t tell which kind of spirit possesses Kony. However, Okot mentioned that just like Hitler who died and was never found, Kony could equally disappear and hide as if he is possessed by spirits that inform him of what is about to happen.

The trial will resume in two weeks.

First defense witness completes his testimony with a cross-examination by the prosecution

At the ICC today, defense witness Yusuf Adek, a traditional leader from the Pageya clan, went through cross examination by the prosecution. Two days before he had undergone examination-in-chief (that is when a witness answers questions coming from the lawyer who called him/her to the court to testify) during which he went through the history of the LRA conflict, Kony’s way of living, peace talk negotiations and other dynamics of the LRA conflict.

Prosecution’s counsel Benjamin Gumpert asked Mr. Adek several questions during the cross examination. Among them were the Acholi norms regarding looting, killings of women and children, abduction and other issues like the LRA attacks on communities and escape from the LRA.

Mr. Adek told court that the Acholi culture does not allow killing of women, children and looting. In fact, “When you are going into the army, your mother tells you-do not kill a woman, donot kill a child, do not loot… the Acholi culture respects children, they consider a child an angel [Malaika]” he said. He also said the Acholi culture doesn’t allow burning of huts and abductions either.

He therefore argued that all these crimes are happening in the present days because soldiers are not following the norms. Gumpert also asked Adek of his knowledge of attacks waged in the areas of Koch, Padibe and Bolo and the mutilation of body parts such as the arms, ears and mouths and how he got to know about it.

Mr. Adek said he was not sure of exactly what happened in Koch and Padibe but he heard from a former Resident District Commissioner (RDC) who himself crossed one river three times during an attack in Bolo.

In response to the question of how hard it is for a soldier to escape from the LRA, Adek said he wasn’t sure, but a former commander- Okuti told him that it is very hard to escape. “…you fear to tell even your bodyguard” he recalled Okuti mentioning

Mr. Adek also narrated how the same RDC had mobilized community members to attack the LRA using machetes, spears, bows and arrows against his [Adek] advice, a venture which became a boomerang and caused him [RDC] to cross the same river three times after the LRA retaliated. The witness asserted that it was due to his effort that Kony reversed his decision of attacking Bungatira. Mr. Adek added that it was his effort that forced Kony to sermon his commanders against the planned attack.

“If they think machetes, spears, bows and arrows can win wars, why don’t they give machetes, bows and arrows to government soldiers?” Adek said.After the prosecution finished their cross examination of the witness, the defense was also allowed to ask the witness again pursuant to rule 140 (2) of the ICC rules of procedures which allows defense to ask their witness again, after being cross examined.

Adek’s testimony attracted questions from members of the public at the live screening in Gulu. For instance, one community member questioned why witnesses’oath are not taken in the open court. After the cross examination of Adek, defense called the second witness who was protected through face and audio distortion.

“Ongwen was among talented fighters who can be likened to UPDF’s Paul Lokech” witness tells the Court

On October 1^st, 2018, the Defense counsel in the Dominic Ongwen case started the presentation of its evidence before the International Criminal Court. Dominic Ongwen, a former commander of the LRA, is being charged for 70 crimes, including war crimes and crimes against humanity.

The Defense opened their presentation of evidence with the testimony from Yusuf Okwonga Adek, a traditional Acholi leader who worked with Joseph Kony during the peace negotiations.

Mr. Yusuf Adek decided to testify as a public witness, not protected by privacy.  “If you speak the truth, why should you hide your identity?” he said.

During his testimony, Mr. Adek went through the background of the conflict and explained in general the position taken from the population as regards the LRA. “Many people went in the bush with the LRA for contrasting the government, because they were tired of suffering the abuses and violence from it (the government)”.

Adek said he knows Joseph Kony very well, they first met in 1994 and then again during the peace talks in 2004. When they met, He and Kony had a conversation about his contact with spirits. “Kony is subject to spiritual control and his behaviour is not a choice” Adek added.

As a result of his close relationship with Kony, Adek testified that he got the Rebel leader (Kony) to take part in the peace talks, in order to let the Acholi go back to their villages and get education, bury the dead and leave the camps and also to admit to the killing of Vincent Otti as punishment for betraying the LRA. “All those who tried to escape were imprisoned; the LRA fighters would attack their area of origin and kill their parents” Mr. Adek said.

Mr. Adek during Tuesday’s hearing admitted that “Dominic Ongwen was among talented LRA fighters who can be likened to UPDF’s Paul L’okech, whose leadership has calmed the situation in Somalia”. “It is why your boss increases your rank.” He said that “Dominic is a reserved person who doesn’t talk much and if a soldier could be identified by appearance, Ongwen would not be one.” He added.

Asked about their opinions regarding the trial, community members in and around Gulu attending a live screening at Gulu district council hall re-echoed the need for the Ugandan government to be held accountable for its role during the LRA conflict if justice is to be done to Ongwen.