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Different paths to peace and justice in northern Uganda

In Northern Uganda government and rebel forces have been at war since the 1980s. Massacres and abductions are common and human suffering immense. Several thousands live in refugee camps. Since 2003, this situation is being investigated by the International Criminal Court (ICC). What progress has been made towards ending the war?

A book by a researcher from the London School of Economics, UK, reports on how the actions of the ICC can effect reconciliation and peace-building. The ICC is a new institution for international justice, and human rights activists have high hopes for it. The ICC aims to prosecute those responsible for atrocities and to do this it needs to find witnesses who will testify.

Most of Uganda has been at peace since mid-1980s. But the northern conflict is a legacy of the upheavals in Uganda after independence. The rebel group, Lord’s Resistance Army (LRA), combines spiritualism with guerrilla and terror tactics, particularly abduction of children. The government has responded with aggressive counter-insurgency measures, including the forced displacement of many people. Although various attempts were made to resolve the situation peacefully, most have failed. In 2004, a peace process was initiated and at the end of the year there was a fragile ceasefire. The LRA rebels had been offered an amnesty.

Does the involvement of the ICC contradict these developments? How can perpetrators of ‘crimes agains humanity’ be prosecuted if they are also being given impunity? Will vulnerable groups – particularly witnesses and children – be endangered by ICC’s actions?

The research found that:

Several aid agencies, including child protection agencies, have been drawn into helping those escaping from the LRA or captured by the government army to reunite with their families. However, in reality, several adults and children have been settled in insecure camps where many are dying. ICC’s intervention has helped bring transparency to these and other unhelpful processes.
Although the ICC intervention has been positive and the amnesty and ceasefire have not broken down after its intervention, the Ugandan Amnesty Act raises a legal problem as it applies to all rebels, including the leaders. This cannot be combined with the ICC statute, which the Ugandan government has signed and ratified.
Until recently, the ICC has been unwilling to explain its activities, making it hard to refute civil society claims of it being biased. But this is a complex matter as it was the Ugandan government which referred to the ICC, and in effect the ICC operating on behalf of the Ugandan state. Although government atrocities have been investigated, the ICC also has to depend on Ugandan government collaboration.
Witnesses will need to testify about LRA atrocities if the ICC is to be successful. And witnesses for the defence are likely to mention government atrocities too. Protection of such people and preventing ethnic affiliations from influencing court proceedings will be a challenge.

In northern Uganda, there is fierce hostility towards the ICC which is led by some ‘traditional’ leaders, church groups, NGOs and local human rights activists who oppose the imposition of international criminal justice. There are certainly risks about the ICC intervention in northern Uganda, many of which it has not publicly addressed. Some actions would help in maintaining the positive impact of the ICC’s activities.

The ICC should repeatedly confirm that children will not be used as witnesses.
The low profile of the ICC has helped in not disrupting the peace process. But now the ICC needs to provide more information to civil society organisations in the area about its progress and intentions. This will help reduce local concerns.
All involved should stop citing random numbers of children abducted during the conflict. The fact is that no-one knows how many have been affected and a proper assessment is needed.

Source(s):
‘War and Justice in Northern Uganda: an assessment of the international criminal court’s intervention’, an independent report of the Crisis States Research Centre, London School of Economics, by Tim Allen, 2005. Full document.
Trial Justice: the International Criminal Court and the Lord’s Resistance Army, Zed Books: London, by Tim Allen, 2006

Funded by: UK Department for International Development (DFID)

id21 Research Highlight: 12 July 2006

Further Information:
Tim Allen
Crisis States Research Centre
Development Studies Institute
London School of Economics
London WC2 2AE, UK

Tel: +44 (0) 20 7849 4631
Fax: +44 (0) 20 7955 6844
Contact the contributor: t.allen@lse.ac.uk

Crisis States Programme, London School of Economics, UK

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