Justice in Absentia: Community Reactions as ICC Holds Confirmation of Charges Hearing Against Fugitive LRA Leader Joseph Kony

On September 9–10, 2025, the International Criminal Court (ICC) held a historic confirmation of charges hearing against Joseph Kony, the fugitive leader of the Lord’s Resistance Army (LRA). For the first time, the Court carried out this crucial step in absentia, affirming that justice cannot be indefinitely stalled by a suspect’s refusal to appear.

The hearing was convened before the Pre-Trial Chamber III, composed of Judge Althea Violet Alexis-Windsor (Presiding Judge), Judge Iulia Motoc, and Judge Haykel Ben Mahfoudh. Kony, who remains at large, was represented by Defence Counsel Peter Haynes, and Anyuru Borris a Ugandan lawyer. The victims were represented by their legal representative led by Paolina Massidda.

Why This Hearing Matters

The confirmation of charges hearing is not a trial. Its purpose is for the ICC judges to decide whether there is sufficient evidence to establish substantial grounds to believe that Kony committed the alleged crimes. If confirmed, the case will be referred to a Trial Chamber. Importantly, while the Rome Statute allows for confirmation of charges proceedings in absentia, it does not permit full trials in absentia. A trial can only proceed once Kony is arrested and physically present before the ICC.

Under Regulation 53, the judges have 60 days from the end of the hearing (10 September 2025) to issue a written decision. They may;

1. confirm all or some of the charges and commit Kony to trial;

2. decline charges where evidence is insufficient, halting proceedings on those counts; or

3. adjourn and request further evidence, investigations, or amended charges.

Neither the Prosecutor nor the Defence can directly appeal this decision, though they may seek authorization from the Chamber to do so.

The Charges

The Warrant of Arrest for Kony was first issued under seal in July 2005, amended in September 2005, and unsealed in October that same year. He faces 39 counts of war crimes and crimes against humanity, including murder, enslavement, forced marriage, rape, torture, persecution, forced pregnancy, cruel treatment, pillaging, destruction of property, sexual slavery, conscription and use of child soldiers, and intentionally directing attacks on civilians.

These crimes are alleged to have been committed between 2003 and 2004 in northern Uganda, particularly during attacks on eight internally displaced persons (IDP) camps—Lukodi, Abok, Abia, Pajule, Pagak, Barlonyo, Odek, and Lwala Girls Secondary School.

Voices from the Courtroom and the Community

During the two-day hearing, the Prosecution, Defence, and Victims’ Legal Representatives presented evidence and arguments. Prosecutors stressed the systematic nature of Kony’s campaign of terror, including abductions, forced marriages, and the use of children as soldiers. The Defence questioned the reliability of some evidence, such as Kony’s alleged diary, and argued that without his physical presence the case risks losing meaning.

In Gulu City, the Foundation for Justice and Development Initiatives (FJDI) worked with the ICC outreach team to livestream proceedings in Luo, the local language. Survivors, students, civil society groups, and community members followed closely, many expressing a mix of recognition, frustration, and hope.

One survivor, Acayo Night, reflected:

“For me I have no problem, what is important is that at least my issue is being discussed and brought to light. Even if he is captured or not, he has committed crimes against us and we want justice.”

For Apollo Ocheko, an 85-year-old from Soroti, the proceedings carried both progress and urgency:

“It means a lot to us, because at least now we know that the atrocities Joseph Kony committed, he can now account for them. Even if we wanted to see him physically, we don’t mind even if he is absent. We are happy and feel like justice is being done to us. Our justice is that he is imprisoned in the international prisons and that we who suffered also get something as a reparation to rebuild our lives.”

A Step Toward Accountability

For survivors of the LRA conflict, this hearing represents a long-awaited step toward accountability. It preserves the historical record, validates victims’ suffering, and signals that fugitives cannot indefinitely evade justice. Still, frustrations remain—especially regarding the absence of reparations and the emotional toll of reliving painful experiences.

As one participant at the Gulu screening remarked:

“If you are hurt, it cannot go away just like that. However, this proceeding gives a glimmer of hope that at least he is being tried.”

From a teacher in Kitgum District:

“We have taught our children about Kony’s war, but now they are seeing that the world also recognizes what happened to us. This hearing helps them to believe that our suffering was not in vain.”

From a mother who lost two children in an LRA attack:

“No decision can bring back my children, but hearing that Kony is being held accountable, even when he is not here, gives me some peace. It shows that the truth cannot be hidden forever.”

What Comes Next

The judges of Pre-Trial Chamber III will now deliberate and are expected to issue their decision by November 2025. If the charges are confirmed in part or in full, the case will proceed to trial once Kony is apprehended. Until then, victims and survivors continue to wait—hopeful that this process, even in absentia, moves them closer to the justice and reparations they have sought for over two decades.

For FJDI and communities in northern Uganda, the message is clear: justice delayed must not become justice denied.

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FJDI works with children, youth, women and communities to promote holistic justice, development and economic recovery in Northern Uganda. FJDI seeks solutions to the long-term impacts of conflict by advocating for redress. FJDI has played a pivotal role in documenting atrocities, profiles and evolution of victims’ reparations needs, victims’ groups and associations, implementing transitional justice processes, and advocating for reparations for families since 2016.

Justice in Absentia: The ICC set to Hear Charges Against LRA Leader Joseph Kony on September 9.

The pursuit of accountability for crimes committed by the Lord’s Resistance Army (LRA) leader, Joseph Kony has entered a decisive phase before the International Criminal Court (ICC). Recent rulings by Pre-Trial Chamber II (October 2024) and the Appeals Chamber (June 2025) have clarified the legal framework for conducting “Trial in Absentia” against Joseph Kony, the LRA’s fugitive leader, marking a historic step in international criminal jurisprudence and the pursuit of justice for victims in Northern Uganda. Joseph Kony is suspected of 39 counts of war crimes and crimes against humanity, allegedly committed between at least 1 July 2002 until 31 December 2005 in northern Uganda as per the Amended Document Containing the Charges shared by the prosecutor in April 2025. While the case originally involved Raska Lukwiya, Okot Odhiambo and Vincent Otti, proceedings against them were terminated due to their passing.

Trial in Absentia under the Rome Statute

Article 61(2)(b) of the Rome Statute provides that a Pre-Trial Chamber may conduct a confirmation of charges hearing in the absence of the suspect if he or she has absconded or cannot be located, provided that reasonable steps have been taken to secure their appearance and to notify them of the charges. The Chamber retains discretion to authorize such proceedings where justice demands that accountability not be indefinitely stalled by the accused’s flight.

The October 2024 and June 2025 decisions confirm that Kony’s case meets these conditions. The Court emphasized that while the presence of the accused remains the default, exceptions are permissible under carefully defined safeguards, including:

• Notification: all reasonable measures to inform the accused of the charges;
• Representation: appointment of qualified defence counsel to safeguard the accused’s rights;
• Participation of victims: recognition of victims’ rights to participate and present views; and
• Future review: the accused’s right, if apprehended, to challenge charges confirmed in his absence.

This jurisprudence strengthens the Rome Statute’s dual commitment to fairness and victims’ rights, underscoring that the administration of justice cannot be indefinitely paralyzed by a suspect’s refusal to submit to jurisdiction.

Procedural History of the Kony Case

• Referral and Investigation: Uganda ratified the Rome Statute on 14 June 2002 and referred the situation in Northern Uganda to the ICC Prosecutor on 16 December 2003. An investigation was formally opened on 29 July 2004.

• Warrants of Arrest: Warrants for Kony and four other senior LRA commanders were issued between May and September 2005. These were unsealed on 13 October 2005. To date, Kony remains at large.

• Status of Co-Accused: Proceedings against Raska Lukwiya (2007), Okot Odhiambo (2015), and Vincent Otti (2023) were terminated upon confirmation of their deaths. Only Dominic Ongwen was apprehended; his case was severed in February 2015, leading to his trial and subsequent conviction and sentencing to 25 years in prison.

• Engagement with Uganda: Between 2007 and 2008, the Court examined Uganda’s proposed accountability mechanisms under the Juba peace process but reaffirmed that the ICC’s jurisdiction remained intact. Although Uganda referred the situation to the ICC in line with the principle of complementarity enshrined in Article 17 of the Rome Statute—which places primary responsibility on States to investigate and prosecute serious crimes, with the ICC intervening only where national efforts are inadequate or unavailable—it has also undertaken several domestic initiatives to address accountability and redress for atrocities committed during the LRA conflict. Following the 2007–2008 Juba Peace Talks, the government committed to establishing a Special Division of the High Court of Uganda, later formalized as the International Crimes Division (ICD), mandated to prosecute war crimes and crimes against humanity. The ICD has since initiated proceedings, most prominently the case of Thomas Kwoyelo, who in 2024 was convicted on 44 counts of war crimes and crimes against humanity. In addition, Uganda adopted the National Transitional Justice Policy in 2019, which, among other pillars, provides for reparations and reconciliation. However, domestic progress has been slow with the policy yet to be passed into law.

• Admissibility Challenges: In 2008–2009, the admissibility of the case was contested, but both Pre-Trial Chamber II and the Appeals Chamber confirmed that the case was admissible under Article 17 of the Statute.

Key Recent Decisions

October 2024: Pre-Trial Chamber II

The Chamber ruled that confirmation of charges proceedings against Kony could lawfully proceed in absentia. It held that the Prosecutor’s notification efforts, the appointment of independent defence counsel, and victim participation mechanisms provided sufficient guarantees of fairness.

June 2025: Appeals Chamber

Building upon the 2024 ruling, the Chamber determined that the statutory requirements had been conclusively satisfied in Kony’s case, noting:

• his deliberate evasion of justice for over two decades;
• the failure of extensive international and regional arrest efforts; and
• the imperative to preserve evidence and advance victims’ right to justice.

The Chamber stressed that in absentia proceedings safeguard the integrity of the historical record and recognize victims’ suffering, preventing impunity through attrition.

Next Procedural Milestone

The ICC has scheduled the confirmation of charges hearing against Joseph Kony to begin on 9 September 2025. This hearing will assess whether sufficient evidence exists to commit the case to trial. Although Kony will not be physically present, he will be represented by appointed counsels led by Mr Peter Haynes who was appointed in June 2024. His appointment followed an open call for expression of interest, an assessment of Counsels applications by a panel and the final recommendation submitted by the ICC Registry in a Report to ICC judges. While victims will continue to participate through their legal representatives led by Ms. Paolina Massidda. Pre-Trial Chamber II has granted 41 persons the status of victim authorised to participate in the case.

Significance for Victims and Communities in Northern Uganda

For more than twenty years, survivors of LRA atrocities have endured repeated delays in the quest for justice. The confirmation of charges proceedings in absentia represents a watershed moment: justice is advancing despite the accused’s continued evasion. These decisions reaffirm that accountability is not contingent upon the cooperation of perpetrators but remains anchored in the rights of victims to truth, justice, and recognition. In fact, Richard Okwera (not real names), a former abducted asserts that,

“I was abducted as a child and forced to fight in a war I did not choose. For years, I carried the weight of fear, loss, and silence. Seeing the ICC finally move forward reminds me that our suffering is not forgotten and that justice, even delayed, is still possible. But we still wait to see how this will go on.”

FJDI’s Role and Commitment

The Foundation for Justice and Development Initiatives (FJDI) remains committed to monitoring developments at the ICC and to ensuring that victims’ perspectives and concerns reach concerned stakeholders. Through outreach, documentation, and advocacy, FJDI will continue to inform survivors and affected communities of each step in the proceedings. FJDI will partner with the ICC outreach team to livestream proceedings in Gulu city starting on September 9.

“As FJDI, we want to walk with victims and survivors all steps of the way. We have already worked together since 2016 pushing for accountability and redress and this step by the ICC gives us hope that justice will come, eventually.” – FJDI program officer

Justice delayed must not become justice denied. The forthcoming hearing marks a crucial step in ensuring that the voices of victims in Northern Uganda are heard.

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FJDI works with children, youth, women and communities to promote justice, development and economic recovery in Uganda. FJDI seeks solutions to the long-term impacts of conflict by advocating for redress. FJDI has played a pivotal role in documenting atrocities, profiles and evolution of victims’ reparations needs, victims’ groups and associations, implementing transitional justice processes, and advocating for reparations for families since 2016.

Further Readings:

1. Taking Stock of Victims' Associations in Northern Uganda, August 2023

2. FJDI Policy Brief No. 2019-001

3. Community Members call for an Expeditious Process to pass the NTJP Policy into law, October 2020

4. Ignored and Forgotten: Challenges, Hopes and Expectations of Victims’ Groups in Northern Uganda, December 2019

5. Victims Groups and their challenges in Northern Uganda, September, 2019

6. FJDI Blog: https://fjdiorg.blogspot.com/

The Long Road to Reparations in Uganda: Another Conflict Survivor & Victims’ Advocate from West Nile Dies

 

On Wednesday June 23, the sad news of the passing of Acidri Stephen shocked the Transitional Justice practitioners’ arena in Uganda. Acidri was famous in the Transitional Justice circle for his courageous leadership and constant advocacy for reparations for victims of conflict in Uganda. At the time of his passing he was the coordinator of Ombacci Massacre Association in Arua for whom he profoundly spoke. People who knew Acidri, may recall that he often emphasized the urgency of reparations for victims. He hardly left a gathering or did an interview without saying, “… victims are dying off without realizing reparations...” it may well, have been a prophesy of what would later unfold on himself.  

Acidri’s passing adds to the trend of deaths of conflict victims in Uganda. On March 4 2019, a prominent and vocal victims representative known as Hajji Sebbi Longa also passed on after a short illness. Sebbi had earned the nickname ‘Ocampo of West Nile’ due to his work with conflict survivors in Uganda, an undertaking that he passionately carried out. The nickname was in reference to the former prosecutor of the International Criminal Court (ICC), Moreno Ocampo who coincidentally had a scraggly beard just like Longa.

Both Longa and Acidri will be remembered for their contribution in advancing the cause for conflict-affected victims in Uganda.

In an article published in 2015 Acidri was quoted saying, “We hope that finally something can be done to address these issues.” About four years later in an article published by Daily Monitor on May 30, 2019 Acidri expressed his disappointment when he said, “We have been struggling to get justice because it is disheartening. We need the leaders to take responsibility and compensate those who lost loved ones and property.” Hajji Sebbi Longa had earlier said the same thing, “We are tired of asking for the same thing with no feedback.”

A brief background about the Omabacci Massacre whose victims Acidri led: About 100 people were allegedly killed on June 24, 1981, survivors say, in revenge for what Idi Amin’s Uganda Army had done in other parts of northern Uganda after the coup against president Milton Obote in 1971. Amin, many senior officers in his army and lower rank soldiers, hailed from West Nile where Arua is located. At least 89 victims, who were buried in a mass grave near St Joseph’s College Ombaci, were identified.

The continued deaths of victims in Uganda further reiterates the urgency with which the government should fast track reparations for all victims of conflicts. Continued delay will only lead to piling of frustration and anger among victims, a situation which is a threat to peace.

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This article was written by: Nobert Dacan who is a peacebuilding practitioner and social researcher in Uganda and Ogora Lino Owor, the founder of Foundation for Justice and Development Initiatives.

Foundation for Justice and Development Initiatives (FJDI) works with children, youths, women and communities to promote justice, development and economic recovery in northern Uganda. FJDI has been working on providing redress for conflict affected persons and communities and promoting Transitional Justice measures since 2015.

Community Members call for an Expeditious Process to pass the NTJP Policy into law

By: Dacan Nobert

Foundation for Justice and Development Initiatives (FJDI) working together with Action Aid Uganda, Gulu team last week took part in a series of community outreach sessions across four districts of northern Uganda—Gulu, Omoro, Amuru and Nwoya with the view of creating awareness on the recently approved Uganda National Transitional Justice Policy (NTJP) to ensure that women and other vulnerable groups affected by the long term conflict in Northern Uganda are able to demand for the Transitional Justice (TJ) policy implementation in Uganda. “We are convinced that such awareness campaigns will contribute towards amplifying the victims’ voices towards the policy implementation, enhance human rights protection, peace and justice,” said Ocen a representative of Persons living With Disabilities (PWDs) in Gulu.

Following a history of conflicts, the Uganda government has made significant commitments towards addressing legacies of conflicts. These commitments and milestones are seen in the enactment of the International Criminal Court (ICC) Act (2010), the establishment of the International Crimes Division (ICD) and the ongoing trials of former Lord’s Resistance Army (LRA) commanders Thomas Kwoyelo at the ICD in Uganda and Dominic Ongwen at the ICC in The Hague, the establishment of a National Peace Building Platform at the Office of the Prime Minister (OPM), but most significantly the approval a National Transitional Justice policy by the cabinet in June 2019.

The policy provides an overarching framework for the implementation of various transitional justice processes: it is also an opportunity for Uganda to engage with key issues of impunity, accountability, amnesty, reparations, institutional reform, and national reconciliation. The policy in itself is not final, it calls for legislation by the parliament in order to be operational. Therefore, the current context provides an opportunity for community members to demand for the TJ policy implementation, advance their views to politicians vying for different elective positions in the forthcoming 2021 national elections.

From 20th to 23rd October, FJDI in partnership with Action Aid Uganda conducted a series of outreaches in the sub-counties of Awach, Lalogi, Pabbo, and Anaka located in Gulu, Omoro, Amuru and Nwoya districts respectively. A combined total of about 500 people attended the outreaches. The outreaches gave an opportunity for community members to know, digest and understand the policy. Although the communities were appreciative of the government’s commitments, they called for an expeditious process to pass the TJ policy into law. The community who are overwhelmed by negative impacts of the war insisted that a law guiding TJ processes would contribute towards addressing issues such as post-war land conflicts in northern Uganda, issues of formerly abducted persons, psycho-social and medical needs of victims, provide a framework for reparations, resettlement and integration of children born of war among others which should be treated with utmost urgency in order to sustain the existing peace. Another important outcome was the call by community members who are largely Luo/ Acoli speakers to have the policy document translated into local languages for easier reading and disseminated to grassroots.

Meanwhile, with the COVID-19 infections on the rise, the field team had to ensure strict adherence to COVID-19 Standard Operating Procedures established by the authorities in order to ensure the safety of participants. SOPs were observed throughout the exercise and measures such as limiting the number of participants, use of approved face masks as a must by every participant, hand washing facilities, hand sanitizing and social distancing were applied.
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Foundation for Justice and Development Initiatives (FJDI) works with children, youths, women and communities to promote justice, development and economic recovery in northern Uganda. FJDI has been working on providing redress for conflict affected persons and communities and promoting Transitional Justice measures since 2015

Enough of the Violence, more of the Peace

By Nobert Dacan

International Day of Peace established in 1981 by unanimous United Nations resolution, provides a globally shared date for all humanity to commit to Peace, abandon all differences and to contribute to building a culture of peace. The Peace Day is observed around the world on 21 September yearly. The UN General Assembly has declared this as a day devoted to strengthening the ideals of peace, through observing 24 hours of non-violence and cease-fire. This is a huge step by the Assembly as this period (if observed) should be able to show the world the obvious significance of non-violence and more than ever that we are not each other’s enemies given the COVID 19 experience.

Peace means many different things to different people. In the past, peace meant a time without wars, fighting, or the threat of violence—yet this ideal time for long has been in vain! Today, peace is used to refer to a state of harmony, quiet, or calm with no hostility, still, the world is yet to achieve this. Having experienced (and still experiencing) numerous violence, it is time for all of us, to not only think of a world we need but also to make an effort towards it, ordinary citizens, politicians, technocrats, all of us alike!

We want to achieve a state where everyone is physically, economically, mentally and spiritually at peace, where everyone truly knows themselves, can work to achieve their different aspirations, free from violence and torment. Humanity deserves a world where the family institution flourishes, where parents live to see their children grow up to achieve their dreams, a world without violence and broken dreams, humanity deserves a democratic world were politics is not a cause for bled shed, suffering and turmoil, a just world were meritocracy overrules corruption and greed, a world free from hate and racism, a world everyone can harmoniously survive in, black or white.

This day is for the world to come to terms with its past, to look back and say enough of the violence and more of peace, enough of the hate, more of the love, enough of corruption, greed and injustice, more of generosity, fairness and justice. Humanity needs to give a chance for the principles upon which the Peace Day was built to flourish.

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Foundation for Justice and Development Initiatives (FJDI) works with children, youths, women and communities to promote justice, development and economic recovery in northern Uganda. FJDI has been working on providing redress for conflict affected persons and communities and promoting transitional justice measures since 2015.

FJDI Annual Report 2019 can be found using this link: https://fjdi.us20.list-manage.com/track/click?u=b7c5687942c6c79a64ffed940&id=eae22cd89f&e=cb10623dce

Ignored and Forgotten: Challenges, Hopes and Expectations of Victims’ Groups in Northern Uganda

In 2019, FJDI with funding support from Robert Bosch Stiftung conducted an assessment of victims' groups in northern Uganda. The URL below directs you to a policy brief derived from this assessment. We hope this brief will provide information to stakeholders and prompt urgent positive actions towards the general situation of victims of conflicts in Uganda.
FJDI Policy Brief No. 2019-001

Thomas Kwoyelo Trial Continues Amidst Challenges of a Public trial

By Nobert Dacan

The trial of former LRA commander Thomas Kwoyelo resumed Monday 30^th September, 2019, after a break of more than two months and on 10^th October it was postponed indefinitely due to issues of disclosure. Kwoyelo has been in detention since 2008 and is facing 93 counts of war crimes and crimes against humanity before the International Crimes Division (ICD) of the High Court of Uganda for his alleged role in the conflict spanning more than two decades in Northern Uganda. Ten prosecution witnesses have so far testified in the trial and since the trial resumed, three prosecution witnesses have testified. The 7^th and 8^th witnesses appeared between the 30^th of September and 7^th of October, and two additional witnesses testified from the afternoon of the 7^th to the 10^th of October.

However, the prosecution relied on Article 28 and 126 of the constitution of Uganda and rule 36 of the ICD rules of procedures to apply for witness protective measures. These included concealing the identities of the witnesses by using camouflage, pseudo codes and closing court sessions to the public. The trial judges granted these protective measures because the prosecution team argued that the witnesses’ wellbeing could be at risk if not fully anonymised. The closing of the court sessions has prevented the public from following proceedings since the trial resumed, resulting in complaints from those wishing to attend the hearings. On Monday 7^th October several people who had come to attend proceedings expressed disappointment when they were told to walk out of the court room because the day’s session would be held in-camera. The prosecution has framed these protective measures as a desperate attempt to protect the witnesses while ensuring that the court obtains information and the trial goes on. They said on October 1, that this attempt is in the interest of the accused as well. In their ruling, the trial panel said under Art 28 (2) and ICD rule 36, court had to balance between the safety of the witness and a public trial, “…for that reason, the use of pseudonym, camouflage, exclusion of the public from certain parts of his testimony is granted”, said one of the trial judges.

It is, however, obvious that the public is not contented with this. The 10-15 members of the public who sat in a nearby room waiting for a full day, and who seemed to have travelled long distances to attend could be heard murmuring in dissatisfaction on October 7^th, when they were asked to walk out of the courtroom because the prosecution wanted to tackle a sensitive matter that needed protection. Details of all testimonies delivered in-camera have not been availed to the public.

On the 7^th of October, a woman aged around 50 years told the FJDI that it was not realistic to hold proceedings in-camera. “If you are telling the truth, why should you hide from the public?”, she questioned. To her, “it shows that the witness is not telling the truth.” Earlier on a defense counsel had also raised a similar concern during the proceedings of October 1, stating that the exclusion of the public offended the essence of Art 28 of Uganda’s constitution though the prosecution has been relying on it to seek protective measures. The defense lawyer said that, excluding the public breaches this Article and moreover, if other measures like camouflage and use of codes were in place, there was no need to exclude the public from the courtroom. The defense lawyer emphasized that holding the trial in-camera would affect the whole outcome of the trial because, “the public shall not trust it…the public would say…they closed themselves, conducted the trial and made their ruling.” He went as far as referring to the ICC’s trial of Dominic Ongwen, “People in Gulu have been following a trial in The Hague yet they cannot follow this trial which is being conducted in Gulu,” he said.

On 10^th October, the trial was adjourned indefinitely due to issues of disclosure. This is not the first time proceedings is being interrupted because of the same thing.

The ICD of Uganda’s High Court being a ‘young’ institution established in 2008 to try international crimes has greatly suffered from difficulties of bridging the gap between the court and the public. It seems that the public who are interested in following this international trial are disconnected and unable to follow despite the court being brought closer to the case location.

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Foundation for Justice and Development (FJDI) works with children, youth, women and communities to promote justice, development and economic recovery in northern Uganda. FJDI has been working on providing redress for conflict affected persons and communities and promoting transitional justice measures since 2015.

FJDI Monthly Pictorial- September, 2019

Kwoyelo Trial Continues as prosecution calls 7th and 8th witness

Kwoyelo in the dock as his trial goes on in Gulu

By Nobert Dacan

Kwoyelo has been in detention since the Ugandan army captured him in 2008. He is facing 93 charges of war crimes and crimes against humanity before the International Crimes Division (ICD) of the High Court of Uganda as a result of his role as a LRA commander during the war in northern Uganda. His trial has however progressed at a slow pace.

The trial resumed on Monday, the 30^th of September 2019, after a break of more than two months with the testimony of the 7^th prosecution witness, referred to as C4.

C4 testified about his experiences and interactions with the accused, including details on how the witness was abducted by Kwoyelo’s men during an attack on Abera village in Pabbo subcounty. During examination C4 explained that he knew Kwoyelo very well since their childhood, but that C4 had not seen him since C4 was abducted from Abera in 1994. 

The witness explained how the village was attacked by armed men led by Kwoyelo, whom he later learnt were LRA rebels, and was abducted along with approximately 50 others. The abductees were forced to carry the goats that were looted as they moved throughout the night across a stream called Aceri. At least 4 people unable to carry the goats were punished and left to die on the road, though C4 later found out that these people were found and rescued by the community who tracked their path the following morning. Only one later died from the hospital.

The witness recounted that after crossing the stream, Kwoyelo addressed the abductees and told them that they would be divided into two groups; one that would be released and another that would remain. C4 was in the group that was released and was directed by Kwoyelo to follow a different path back as the LRA soldiers had planted landmines on the one they came from. C4 also explained that most of the remaining abductees never returned home since, and that he is convinced that they have passed away by now. After returning and recovering from his injuries, C4 moved to Gulu town where he has lived since.The defense counsel was critical of the witness’ account, stating that C4 had gone beyond the scope of his testimony.

Proceedings were adjourned to the following day, Tuesday the 1^st of October 2019 where C4 completed his testimony with a cross-examination by the defense team. In the afternoon, the prosecution called another witness – PW8, referred to as C7. C7 entered the courtroom in camouflage wearing loose, black clothing and headscarf, and dark sunglasses. Prosecution attorney, William Byansi commenced by applying for protective measures for the witness and requested that the session should exclude the public and be held in camera due to sensitivity of the witness’ testimony. Byansi went on to assert that the prosecution team had done a risk assessment and that the findings indicated danger to the life of the witness if his identity is not sufficiently protected. He further stated that the witness was a direct victim of the accused person and lives in the same community as sympathizers of the accused. The prosecution finally requested that if a fully closed session was impossible, at least the particularly sensitive parts of C7’s testimony should be held in-camera.

Defense counsel Alaka did not object to the use of camouflage and pseudonym but opposed closing the session for the public. He claimed that closing the session would go against Kwoyelo’s rights as an accused, and that the prosecutions referral to a risk assessment unknown to the court, and to the witness as “a direct victim” was prejudicial. Furthermore, he argued, closing the session would decrease the publics’ trust in the trial and the ICD.

The trial panel based their ruling on Art. 28 (2) and ICD rule 36, and stated that the court had to balance between the safety of the witness and a public trial: “for that reason, the use of pseudonym, camouflage, exclusion of the public from certain parts of his testimony is granted.”

Shortly after the prosecution had started leading C7 through his testimony about his abduction from Abera village in Pabbo, they requested the public to be excluded due to a sensitive part in the testimony. The remainder of the session until 5pm was held in-camera, and the session on the following morning of the 2^nd of October continued as a closed session

Victims Groups and their challenges in Northern Uganda

Parabongo Victims group 

Although, Northern Uganda is on the path to recovery after  decades of conflict that led to serious destruction, victims have often and consistently expressed several challenges they face on a daily basis that to-date are yet to be addressed. An ongoing survey we are conducting reveals many but ofcourse not all of such challenges. 

In 2019, Foundation for Justice and Development Initiatives (FJDI) initiated a mapping exercise and analysis of the victims’ advocacy groups currently active in Northern Uganda in order to assess their most critical challenges and needs. Even though a decade has passed since the end of the violent conflict in Northern Uganda, the needs of victims and survivors remain largely unaddressed. While some may hope that the ongoing trials at Uganda’s International Crimes Division (ICD) and the International Criminal Court (ICC) will be an answer to their calls, most victims cannot expect such an outcome. If they are to have their needs met, the help will need to be obtained elsewhere.

A preliminary analysis of the needs and challenges of victims’ groups in Northern Uganda shows that while many of the groups are successful in coming together as victims and survivors and thus supporting each other, their advocacy efforts and calls for help are often met with unfulfilled promises or even silence from stakeholders. The conflict deprived victims of not only family members, personal health and more, but also of many valuable years of their lives and thus opportunities for undertaking education, building careers as well as prosperous homes and families.The assistance that most groups point to as essential for them as victims are therefore most often reparations, particularly in the form of community facilities such as health clinics, educational institutions and memorial initiatives, but also individual and financial help such as money, farming equipment and animals are called for. 

Facing the challenges of empty promises and silence from those with the power to assist victims and survivors in fulfilling their needs, puts considerable demands to the groups’ advocacy skills for them to speak up and be heard. Therefore, engaging in advocacy training can be a way forward for the empowerment and capability of the victims to obtain their wants and needs. Furthermore, coming together as victims’ groups across Northern Uganda in joint advocacy can be a way for the groups to not only speak with a louder voice, but also to share support, knowledge and experiences. 

The National Transitional Justice Policy has however been passed by the cabinet and could help address these challenges if put in place. It is an overreaching framework of the Government of Uganda designed to address justice, accountability and reconciliation needs of post-conflict Uganda. It proposes a combination of traditional and formal justice mechanisms of justice, the approval of the policy by cabinet is a huge step towards redress for victims, however, it could potentially last several more years before implementation considering the fact that it stayed in a draft form for about ten years.

Foundation for Justice and Development (FJDI) works with children, youth, women and communities to promote justice, development and economic recovery in northern Uganda. FJDI has been working on providing redress for conflict affected persons and communities and promoting transitional justice measures since 2015.

FJDI Monthly Pictorial - July 2019

FJDI Monthly Pictorial - June, 2019

MEMORIALIZATION - A PILLAR OF UNITY AND HOPE TO VICTIMS OF THE LRA INCURSION IN OBALANGA

On 15 June 2003, the once peaceful community of Obalanga in the newly created district of Kapelebyong in the greater Northern Uganda came under the attack of rebels of the Lord’s Resistance Army (LRA).  This began months long of rebel activity in the area of Obalanga and the environs of Teso in which the people were held under siege as the rebels, killed, looted and abducted people at will. Within a short period of time, hundreds of people were killed, and relatives and community members had little choice but to bury their loved ones numbering up to 365 in a mass grave.

Each year, on 15 June the anniversary of the first attack, residents of Teso converge at Obalanga Sub-County at the site of the mass grave to commemorate the day in the form of prayers. FJDI over the past years has not only supported the community in aspects of advocacy and documentation of their war narratives, but has also joined them in the memorialization of the day. This year’s event was attended by community elders, relatives of victims, survivors, local government officials, representatives of NGOs and CSOs.

The ceremony included a prayer service animated by the Church of Uganda, speeches by the local organising committee, testimonies from the survivors and also remarks from representatives of the local government and supporting NGOs. The general message was one of forgiveness, unity and hope. Furthermore, students from schools within Kapelebyong district performed songs and poems on themes that centred on keeping alive the memories of the sad events, love, hope and a better future.

Speaking to Achila Simon a member of the local organising committee, he said that the commemoration of this day was very important in that it does not only allow them to remember and pray for their loved ones but also helps foster unity within the community. He furthered that the sermons and speeches delivered also help to pacify and give hope to the survivors and relatives of the departed.

Amoding Betty a survivor and widow whose husband lost his life in the hands of the LRA lamented on the pain, sorrow and trauma she has been suffering over the years. She indicated the memorial service not only enables her to pray for her husband but also enables her to recognise that she is not alone in her sorrow, which gives her strength and hope.

The FJDI team also took the opportunity to interact with survivors to seek their opinion on holding a unilateral memorial service throughout the greater northern Uganda as opposed to different communities holding it at different places at different times. FJDI continues to be committed in its objectives of advocating for appropriate policies on democracy, governance, justice and development, the promotion of social economic empowerment for vulnerable individuals, groups and communities and to conduct research on relevant justice and development issues crucial to national debates and policies.

Witness Gives Account of Pajule Attacks and Brief Ongwen Interactions

On June 6, 2019, a former LRA captive came before the ICC and gave a chilling account of his experience being abducted, his time in the IDP camps, and a brief account of his time with the LRA, including interactions with Dominic Ongwen. The hearing was interrupted due to technical difficulties and health concerns of the witness forcing the trial panel to postpone proceedings to the following day.

Ongwen is facing 70 counts of war crimes and crimes against humanity allegedly committed between 2002-2005 in the camps of Odek, Pajule, Abok and Lukodi in Northern Uganda. He has pleaded not guilty to all charges.

The witness was referred to as “Mr. Witness,” instead of his original name-one of the witness protection measures being used by the court. The former captive described how his primary school education was interrupted by the death of his father. Then, in 2002 when conflict in Acholiland was heightening, the government mandated that his community move to IDP camps in fear of the LRA. From the start, there was clear fear and threat experienced by Mr. Witness. The government even threatened at-risk people, saying they’d be considered rebels themselves if they didn’t move into the IDP camps within two to three weeks after initial warning. Along with fear of government and rebels, Mr. Witness also had to leave his crops at home, which were gone once he returned from captivity.

Mr. Witness described a difficult life in the IDP camp. The government did not provide medical facilities/services, and although they were eventually provided by NGO’s, the support was not sufficient; some people were helped, but health issues persisted nonetheless. Additionally, IDP residents were not allowed to roam about at night, with their curfew beginning at 8:00 PM, and lasting until around 7:00-8:00 AM. Mr. Witness made it clear that life in the IDP camp was of low quality, because if one was hungry or sick, there was usually nothing that could be done.

Mr. Witness said that, although UPDF and LDU soldiers were difficult to distinguish from each other because they were working to protect the people, it was not difficult to decipher who the LRA was once he saw them. The attack on the Pajule camp was warned about in 2003, on the evening of October 9th (Ugandan Independence Day). In the evening, Mr. Witness remembered the leaders of the camp warning residents to be vigilant that night, and to not drink recklessly, due to unclear security reasons. Mr. Witness was sleeping when, at dawn of October 10th, 2003, his door was kicked in by LRA rebels. He, along with many others, were abducted and forced to carry firearms for the rebels en route to their next location. All the while, many innocent IDP residents were caught in crossfire, and were injured and killed. Mr. Witness’ wife and child were also abducted, and he later found out that his child had to get his right arm amputated due to a bomb incident during the war.

  The LRA led Mr. Witness and other victims through the bush throughout the day, and they were being followed by a helicopter. Mr. Witness and the other victims were eventually sat down by Vincent Otti, who was well known and feared by many people in Acholiland. Otti made sure to tell the abductees that it was not their intention to kill civilians.

The witness also shared that Ongwen, referred to as “Odomi” during the trial, was the head of a group that requested Mr. Witness’s services for four to five days. This is when Mr. Witness interacted with Ongwen. Mr. Witness took note that Odomi seemed to have an injury in one of his legs or thighs. Mr. Witness also shared that he was not allowed to speak to Odomi unless Odomi requested to speak with him. Although Odomi was limping during this time, Mr. Witness says he did not use a cane or anything else to assist his walking.

The ICC has been livestreaming proceedings at http://player.cdn.tv1.eu/statics/66005/icc.html?loc=CR3 where people can follow live proceedings.