Dominic Ongwen's Trial and its Meaning for President Museveni
The Pre-Trial Proceedings
The pre-trial hearings
on the case of Dominic Ongwen in the International Criminal Court (ICC) have
come to an end and the verdict of the pre-trail chamber will be known
soon. After that decision, Ongwen’s case
will either proceed to full trial or the ICC will let him off if the chamber
will have reason to believe that there is no sufficient evidence to have the
case proceed to full trial.
Alleged Crimes Committed by Ongwen
The warrant of arrest
for Ongwen lists seven counts on the basis of his individual criminal
responsibility allegedly committed on or about May 20, 2004 at the Lukodi IDP
Camp in the northern Uganda district of Gulu. Three counts of crimes against
humanity (murder, enslavement, inhumane acts of inflicting serious bodily
injury and suffering and four counts of war crimes [murder; cruel treatment of
civilians, intentionally directing an attack against a civilian population as
well as pillaging.But the prosecutor also submitted a notice indicating her
intention to charge Ongwen with crimes based on facts beyond those stipulated
in the warrant of arrest. Additional charges were mainly related to attacks on
the Pajule IDP camp, the Odek IDP camp and the Abok IDP camp, in addition to
the Lukodi camp.
Joseph Kony, Vincent
Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen are the five top Lord’s
Resistance Army (LRA) senior Commanders whose arrest warrants were issued by
the ICC in 2005 following a referral by the government of Uganda. Apart from
the crimes featuring in Ongwen’s charge sheet, the Joseph Kony-led LRA is also
blamed for the kidnapping of over 60,000 children from Uganda, South Sudan, the
Democratic Republic of Congo and the Central African Republic since the
rebellion began in 1987. Some of the said Commanders have since died. But Kony
is still a fugitive. Civilians, including children, are believed to have been
abducted and forcibly ‘recruited’ as fighters, porters and sex slaves to serve
the LRA and to contribute to attacks against the Ugandan army and civilian
communities.
When Victims become Killers
Dominic Ongwen is a
perfect example of the complexity that emerges when victims become
perpetrators. The fact that Ongwen was abducted at the age of ten by LRA before
being transformed into a killing machine that he became is definitely one that
will feature prominently in this regard. Already debate on the matter has been
seen not only in the pre-trial chamber court room at the Hague but also across Uganda.
While it is understood that Ongwen should legally face trial for crimes that he
committed after turning eighteen, the argument on the failure of government of
Uganda to protect the young Ongwen from LRA abduction is inescapable. The
Ugandan state has the responsibility to protect the people of Uganda and their
property. There is therefore a whole tenable argument that the state failed to
protect Ongwen and thousands of other Ugandans from LRA. I think this will
feature again and again in the case of Ongwen. It will be interesting to
observe the arguments that will be paraded on this issue.
Crimes Committed by the State
Most interestingly,
however, will be the emergence of issues around the role of the Ugandan state
and indeed the security agencies, specifically the Uganda People’s Defence
Force (UPDF) in the conflict in northern Uganda. It is true that LRA waged a
war against the Kampala administration but the government never sat back; it
responded; it fought the insurgency. In such a fight; it is unreasonable to
narrow criminal responsibility to one party. Otherwise we risk another
situation of victor’s justice which has proved unsustainable. The UPDF may have
not committed crimes that can measure up to those committed by the LRA but
certainly the Ugandan soldiers committed crimes too. A crime is a crime. I look
forward to the full trial and to matters that will arise along the way in
regard to this issue and the Ugandan response, especially to President to the
same.
President Museveni’s Stand on the ICC
What makes it
interesting is the fact that President Museveni has consistently supported the
ICC in regard to the prosecution of the LRA commanders while on the other hand
accuses the ICC of targeting Africa. I have no idea yet how he will respond if
and when issues on crimes committed in the name of the state by security forces
will emerge during the Ongwen trial. I see in Museveni a perfect example of
mkuki mtamu kwa nguruwe (a spear is sweet for a pig). It appears that for him,
the ICC is good when it goes for those who are outside power like Ongwen but
very bad if and when it comes to those in positions of power regardless their
culpability. The President of Uganda has always accused the ICC of targeting
Africa and has been on the front-line in supporting Kenya’s President and his
Deputy in their crusade against the ICC but when it comes to Ongwen President
Museveni is in full support of the ICC.
Dominic Ongwen's Trial and its Meaning for President Museveni
Reviewed by Ibrahim Magara
on
January 29, 2016
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