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.