The Prospect of ICC Reparations in the Case Concerning Northern Uganda: On a Collision Course with Incoherence
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Uganda: On a Collision Course with Incoherence?
ADRIAN DI GIOVANNI*
I INTRODUCTION
On 13 October 2005, the International Criminal Court (ICC) unsealed the arrest
warrants and indictments for five senior leaders of the Lord's Resistance Army (LRA)
for crimes against humanity and war crimes allegedly committed since July 2002.' The
five leaders are Joseph Kony, Vincent Otti, Dominic Ongwen,2 Okot Odhiambo, and
Raska Lukwia. The warrants were originally issued on 8 July 2005, but had been kept
under seal to protect the safety of victims, potential witnesses and their families, and to
keep their identities or whereabouts unknown. Both the issuing and the unsealing of the
indictments marked the first time that the nascent Court had taken such steps. Far from
simply being a first however, the unsealing of the indictments was significant because,
in the immediate term, it put an end to a controversy that has surrounded the Court
since it announced its intervention in Uganda. At issue was a debate over peace versus
justice - in particular, whether the Court should even bring the indictments and pursue
prosecution, or hold off otherwise risking to undermine efforts to achieve lasting peace.
It is too early to tell what the ultimate effect of bringing the indictments will
be.3 More immediately, the indictments signify that the Prosecutor has cleared a major
hurdle on the way to one of the ICC's first prosecutions.4 The prospect of prosecutions,
Barrister & Solicitor, LLM (New York), LLB (Toronto), BA (McGill). The author wishes to thank
Eric Stover and Marieke Wierda for their encouragement and helpful suggestions. Any
outstanding errors remain entirely the author's.
International Criminal Court, Press release, Warrant of Arrest unsealed against five LRA
Commanders press release,- \(14 October 2005), online: ICC Press Releases <http://www.icc-
cpi.intpress/pressreleases/l4.html>. The ICC is created by virtue of the Rome Statute of the
International Criminal Court, U.N. Doc. 2187 U.N.T.S. 90, entered into force July 1, 2002 [hereinafter
Rome Statute or Statute-].
2Ongwen was reportedly killed in combat in November 2005, see e.g. Statement by Luis Moreno-
Ocampo, Prosecutor of the International Criminal Court: Informal meeting of Legal Advisors
of Ministries of Foreign Affairs (24 October 2005), online: ICC Office of the Prosecutor
<httpJ/www.icc-cpi.int/library/organs/orp/speeches/LMO 20051024 English.pdf>
[hereinafter Ocampo Statement]. Interpol, however, recently issued wanted persons notices
for the five suspects, including Ongwen, see infra note 58.
'At early stages after the release of the indictments, the LRA had allegedly targeted humanitarian
aid workers, which it has rarely done in recent years. Some have attributed these attacks to
the bringing of the indictments, though it is uncertain whether the attacks were intended
specifically to target NGO workers. For a report see: NGO Attacks Condemned in Uganda
BBC News (27 October 2005) and Uganda rebels 'kill mine experts BBC News (1 November
2005).
4 Assuming of course that the suspects are in fact arrested and delivered to the Court. Note also
that in the meantime the ICC also brought indictments in the case concerning the Democratic
Republic of Congo, and Thomas Lubanga Dyilo of the D.R.C. has been delivered to the Hague
as the first detainee. For more information see International Criminal Court, Press Release,](ViewImageLocal?handle=hein.journals/jilwirl2&div=20&collection=journals&method=preview&ext=.png&size=3)
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The Prospect of ICC Reparations in the Case Concerning Northern Uganda: On a Collision Course with Incoherence
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