ICC prosecutor rejects Otunnu war case

Jun 03, 2010

PRESIDENTIAL aspirant Olara Otunnu yesterday failed to convince the prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo, that the UPDF and President Yoweri Museveni are partly responsible for war crimes in northern Uganda.

By Cyprian Musoke
and Milton Olupot


PRESIDENTIAL aspirant Olara Otunnu yesterday failed to convince the prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo, that the UPDF and President Yoweri Museveni are partly responsible for war crimes in northern Uganda.

Ocampo instead challenged Otunnu to produce concrete evidence, and not engage in “political debate”.

The two men had earlier met at the Speke Resort Munyonyo near Kampala, the venue of the ongoing ICC review conference, which started earlier this week.

After the meeting, Otunnu called a press conference and said he had asked the ICC to take action and investigate Museveni over crimes committed during the LRA decades-long war in northern Uganda.

“I had a meeting with Moreno Ocampo on his request and I asked him to investigate Mr. Yoweri Kaguta Museveni over crimes against humanity, war crimes, genocide and aggression,” Otunnu told journalists.

He said he was disappointed that the ICC had not investigated Museveni, and that despite his protestation, the State Parties had instead selected Museveni to host the review conference.

“It is a travesty and a mockery of the ICC, that Museveni, who has the longest record of impunity, should be the host of the review. I fear that the ICC risks losing its way if it agrees to be used,” he said.

He said Museveni should be investigated for his role in UPDF operations in the DR Congo in 1998, the deaths in the Kampala riots last September and the creation of IDP camps in northern Uganda over the last two decades.

“I have provided all this information and he (Ocampo) has requested for more. I shall be providing more in regard to the atrocities against the people of northern Uganda and Congo,” he said.

Otunnu’s comments prompted Ocampo to call his own press conference at which he said his investigations had found the “LRA responsible for most atrocities”.

“We selected the gravest cases in northern Uganda and it’s a fact that thousands of these were committed by the LRA. It is clear Joseph Kony committed most of the crimes in northern Uganda.”

He described Otunnu’s remarks as “political debate”. “As the prosecutor of the ICC, my role is to ensure the control of massive crimes with tangible evidence,” Ocampo added.

“If he (Otunnu) has information he wants to submit, let him give it to me but I cannot follow political statements. I follow crimes committed after July 2002, which include crimes against humanity, war crimes and genocide,” he said.

Ocampo, however, promised to assess Otunnu’s information, provided the alleged crimes were committed after July 2002 when the court was founded under the Rome Statute.

“If we see need to open new investigations we shall, but I will not be bothered with political debates. We are open to more information,” he said.

Ocampo further said he had received complaints against the UPDF, which he is analysing.
However, most of the issues pre-date 2002, meaning the court cannot handle them. In such a case, Ocampo advised, Otunnu should go to the High Court of Uganda.

He also advised Ugandans to only involve the ICC in cases which they feel the national legal system is inadequate to handle.

Otunnu’s remarks also prompted an impromptu press briefing by the deputy Attorney General, Freddie Ruhindi, who advised Otunnu to report the matter to the Police instead of the press if he had a strong case.
Otunnu is also wanted by the Police for alleging that Museveni funded Kony’s LRA rebels and masterminded the northern Uganda war for over 20 years.

The ICC has already issued arrest warrants for the top LRA commanders including their leader Joseph Kony, Dominc Ongwen, Vincent Otti (now dead) and Okot Odhiambo.

The effort, however, has failed since Kony and his rebels fled to the vast Congo jungles and lately to the Central African Republic, leaving a trail of massacres and devastation.

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