What the ICC doesn't see

As I mentioned, there is quite a bit going on these days with regard to the northern Uganda conflict. A major complication is with the International Criminal Court (ICC). For those unfamiliar, the ICC entered into force on July 1, 2002 with the ratification of the Rome Statute (1998). The primary objective of the ICC is to establish a permanent court where war crimes, crimes against humanity, and genocide can be prosecuted. This culminates from the challenges and lessons learned from attempting to try Nazis for the Holocaust, as well as crimes committed under Pol Pot in Cambodia, the former Yugoslavia, the Rwandan genocide, and so on (essentially to try the future Hitlers, Milosevics, etc.). The United States (with Israel and Iran) was the last to sign the Rome Statute on December 31, 2000. Naturally, as a “peace loving and human rights respecting” nation, the United States, ok more correctly George Bush Jr. has been on a rampage against the ICC for fear of US officials or military coming under the court’s jurisdiction. Junior went so far as to REMOVE the signature of the US on the Rome Statute. As one administration fellow put it, “Americans will not be tried by Belgians” (the ICC is located in the Hague in the Netherlands, which this official seems to have confused with Belgium). With regard to the ICC, the US is aligned with states like Libya and Somalia while our “allies” are all eager supporters. The US is in a conundrum, as they are now calling for a war crimes tribunal for Darfur to be established in Arusha, where the already over-worked International Criminal Tribunal for Rwanda is slowly drudging through its cases – the US simply cannot bring itself to support gross crimes committed in Darfur to be tried by the ICC.

But now I see I am getting off track. So the first cases to be investigated by the ICC are Democratic Republic of Congo and Northern Uganda. In 2004, the International Criminal Court (ICC) responded to President Museveni’s request to investigate gross human rights violations committed by the LRA (mind you the Museveni’s UPDF forces have committed gross human rights violations against civilians in northern Uganda as well). The ICC will supposedly be responsible for prosecution of the leadership or masterminds of gross violations of human rights, as outlined by the Rome Statute. Only crimes committed after July 1, 2002 will be under the jurisdiction of the ICC, despite the fact that the war started in 1986.

There are still a number of concerns with the ICC, including a fear that the court may interfere with bringing the conflict to an end and the limited time frame for prosecutions given the great length of the war. The ICC is certainly deterring the big men from coming out of the bush, for fear of prosecution (though lets face it, any LRA prosecuted by the court will be living fine lives with their televisions and internet in Holland). The reality is that the victims of this conflict, the people of northern Uganda, do NOT want the ICC to carry out its work. In fact, most feel the ICC should pack their bags and not look back – or at least until there is a sustained peace in the region.

The ICC is itself in a sticky situation and I can certainly sympathize. As the court is new and not yet successfully underway, much depends on what happens with these first cases. I myself fully support the establishment of this court, but other factors must take precedence over international justice. Peace MUST precede justice and the mere fact that northern Uganda might be on the verge of peace must be respected. The Chief ICC Prosecutor anticipates starting the war crimes trials within six months, indicating the court’s desire to press forward. It is possible for Museveni to formally withdraw his complaint, however it is up to the Prosecutor to decide whether or not to proceed with the investigations.

Last week I met Angelina Atyam in Gulu (even Oprah took up her case and invited her on the show). She is a founder of the Concerned Parents Association, which formed after the abduction of some 130 girls from a boarding school in Aboke in 1996 (the abducted girls are often referred to as the Aboke Girls – once again, one of the books on the recommended reading list for you all). Angelina’s daughter Charlotte JUST returned in 2004, after 8 years in captivity, with her own children conceived in the bush. Angelina testifies to the fact that the ICC cannot bring her justice and that she cannot ask anybody for justice. She is among the growing number of people who feel it would be best for the ICC to back off.

International justice versus peace on the ground, you decide.