Uganda writes to ICC over Ongwen trial

By Taddeo Bwambale

The Attorney General, Peter Nyombi, has said Uganda will not send lawyers to the International Criminal Court (ICC) to defend Dominic Ongwen, a commander of the Lord’s Resistance Army.

“Government does not have any intention on the defense of Ongwen at the ICC,” Nyombi said, dismissing earlier reports that a team of lawyers had been enlisted to defend Ongwen.

“Our work in this case will only be to cooperate with the court on matters regarding investigations. This morning, I signed a letter to the registrar of the ICC pledging government's support in Ongwen’s trial,” Nyombi said at a press briefing on Monday.

He said although Uganda has competent judges and institutions to try Ongwen, government found it more convenient to have him tried by the ICC because of the nature of his offences.

“Ongwen committed crimes in South Sudan, Democratic Republic of Congo and the Central African Republic. The cross border nature of crimes makes the ICC the best place to try him," Nyombi said.

Nyombi pledged government support to the ICC in investigations and said plans were underway to set up a technical committee to work with the Hague-based court.

On the suggestions of amnesty for Ongwen, Nyombi said it would not apply since he would still have to be tried by a competent court and the status of the amnesty law is under contention.

Ongwen is accused of ordering the attack on Lukodi IDP Camp in Gulu district on May 19, 2004, killing about 40 civilian residents, according to ICC documents.

The attack took place in Bungatira Sub-County, Aswa County, near Gulu town. The place and dates of the offences did not exist in the original arrest warrant.  

He is held ‘criminally responsible’ on three counts of crimes against humanity including murder, enslavement and inhumane acts of inflicting serious bodily injury and suffering.

He also faces four counts of war crimes including murder, cruel treatment of civilians, intentionally directing an attack against a civilian population and pillaging.

Ongwen reportedly surrendered to Muslim Seleka rebels in the Central African Republic (CAR) two weeks ago, who later handed him over to U.S. Special Forces operating there.

On January 17, he was surrendered to the ICC's custody and transferred to the ICC Detention Centre on Tuesday last week.

His initial appearance before the single Judge of Pre-Trial Chamber II took place on 26 January 2015. The opening of the confirmation of charges hearing is provisionally set for August 24.

He is the only Ugandan and youngest person in the world to be indicted by the ICC for war crimes and crimes against humanity.

The other LRA commanders indicted for war crimes are LRA leader Joseph Kony, Okot Odhiambo, and Vincent Otti (who is believed to have been executed by Kony). An arrest warrant for another LRA commander, Raska Lukwiya was withdrawn in 2007 after his death.