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INTERNATIONAL LAW AND JUSTICE | ICC Opposes Kony Peace Offer

ICC OPPOSES KONY PEACE OFFER

In a move that set international precedent, the Ugandan government referred the rebel-fueled conflict in Northern Uganda to the International Criminal Court (ICC) in December 2003, thereby granting the ICC jurisdiction over individuals responsible for crimes committed in Northern Uganda.

After commencing a formal investigation, the ICC’s Chief Prosecutor, Luis Moreno-Ocampo issued arrest warrants for Lord’s Resistance Army (LRA) leader Joseph Kony, the rebel group primarily responsible for atrocities committed in the north. Four other senior members of the LRA have also had arrest warrants issued against them. In a disturbing turn of events however, Ugandan President Yoweri Museveni publicly announced on May 17 that he was giving Kony until the end of July 2006 to end hostilities in Northern Uganda. President Museveni’s Press Secretary said, "[Even though] Kony and four of his cahoots had been indicted by the International Criminal Court, if he got serious about a peaceful settlement, the Uganda government would guarantee him safety."

Not surprisingly, the ICC has reacted with both anger and frustration to President Museveni’s peace offer to Kony, reminding the Ugandan government that the Court now has jurisdiction over the LRA leader: "It's the government of Uganda that referred the situation to the International Criminal Court in December 2003... They are now under obligation and made a commitment," said ICC spokesperson Sandra Khadouri. "The governments of Uganda, Sudan and Democratic Republic of Congo are under a legal obligation to cooperate with the ICC." As part of the ICC referral, the Ugandan government is obligated to assist in carrying out the arrest warrant against Kony and delivering him to the Court in The Hague. Under Article 58 of the Rome Statute, an arrest warrant issued by the Prosecutor is valid unless otherwise ordered by the Court. Furthermore, Article 86 requires member states to cooperate fully with the Court in any investigation or prosecution that falls within the jurisdiction of the Court. Therefore, Uganda, an ICC member state, cannot legally offer LRA leaders amnesty.

Both the United Kingdom--an ICC member state--and the United States have reiterated the need for Kony and the other four LRA members to be tried by the ICC. Jendayi Frazer, the US Assistant Secretary of State for African Affairs stated last week that Kony and other LRA leaders had to be captured and handed over to the ICC: “It is a priority of President Bush to get rid of the LRA by the end of this year." Echoing Frazer’s sentiments, British International Development Secretary Hilary Benn stated that "I have made it clear that the warrants for the arrest of the five would need to be enforced. They would need to come to The Hague to be tried."

Over 25,000 children have been abducted by the LRA throughout the course of the rebellion and used as sex slaves or child solders. The LRA also employs tactics such as systematic rape, pillaging, razing, and mutilation to intimidate the Ugandan people. Throughout the years, attempts to end the conflict have been unsuccessful—both the LRA and the Ugandan government have failed to demonstrate a commitment to peace talks.

Updated May 22, 2006

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