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INTERNATIONAL LAW AND JUSTICE | ICC Warrant Waiver for Kony

Uganda seeks ICC Warrant Waiver for Kony

In a reversal of its December 2003 request to the International Criminal Court (ICC) to open up an investigation of the atrocities committed by the Lord’s Resistance Army (LRA), Ugandan President Yoweri Museveni is reportedly seeking support from the ICC to grant amnesty to LRA leader Joseph Kony. The ICC issued arrest warrants for Kony and other LRA members in July 2005, charging them with war crimes and crimes against humanity.

In an effort to stem the continuing violence in northern Uganda and southern Sudan, Museveni has offered to commence peace talks with the LRA. The ICC arrest warrants for Kony and his deputy Vincent Otti could prevent them from appearing at the peace talks. Uganda, a member of the ICC, is obligated under international law to arrest them. Museveni, however, has pledged to grant Kony amnesty if the peace talks are successful in ending the fighting that has lasted nearly 20 years. Museveni has stated that the ICC warrants are invalid given that the United Nations failed to arrest other LRA leaders when they were in DR Congo, even though the ICC is not a U.N. court.

The peace talks are seen as the best opportunity to end the rebellion, which has killed thousands and forced millions to flee their homes. In lieu of the ICC arrest warrants, the Ugandan government has proposed “traditional justice” for Kony. Under this standard, Kony would not serve a prison term, but his clan would be asked to compensate the victims of the war. The peace talks are expected to begin on Wednesday in the southern Sudanese capital of Juba. The negotiations will be moderated by southern Sudanese leaders.

The ICC has rejected claims that the Ugandan government has sought a withdrawal or waiver of the arrest warrants for Kony and four other LRA leaders. After meeting with Uganda's Security Minister, Amama Mbabazi, Chief Prosecutor Luis Moreno Ocampo publicly stated that "the government of Uganda did not ask for any withdrawal of the warrants of arrest. The arrest warrants remain in effect. It is the view of the office of the prosecutor and the government of Uganda that justice and peace have worked together thus far and can continue to work together." 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.

+ Click here to read the Prosecutor’s Statement on arrest warrants for the LRA.

Updated July 12, 2006

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