CRIME WATCH
Feb 04, 2004
<b>Kony may face charges of crimes against humanity</b><br>On January 29, the prosecutor of the International Criminal Court (ICC), Luis Mareno-Ocampo, announced that his office is to start investigations on the crimes allegedly committed by Joseph Kony and the LRA leadership in the northern Ugand
Kony may face charges of crimes against humanity
On January 29, the prosecutor of the International Criminal Court (ICC), Luis Mareno-Ocampo, announced that his office is to start investigations on the crimes allegedly committed by Joseph Kony and the LRA leadership in the northern Uganda conflict soon.
This was in London when he and President Yoweri Museveni addressed a press conference. The decision came after Museveni invoked Article 14 (1) of the Rome Statute of the ICC. This means that Kony and his commanders may soon be brought to justice for the crimes committed against the people of the north and north-eastern Uganda.
The Rome Statute established the ICC on July 17, 1998 to bring to justice individuals who commit crimes of concern to the international community and to put an end to the impunity of the perpetrators. A permanent institution, the court consisting of 18 judges of international repute, sits at The Hague in The Netherlands.
It has jurisdiction over ‘the most serious crimes of concern to the international community as a whole’ that are committed in member states. Such crimes, according to Article 5 of the Statute, include genocide, crimes against humanity, war crimes and aggression.
Kony would be charged with crimes against humanity, which the statute stipulates to include murder, enslavement, forcible transfer of population, imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law.
Others include torture, rape, sexual slavery, enforced disappearance of persons and other acts intended to cause serious injury to body, mental or physical health.
It is almost obvious that the ICC prosecutor’s investigation will find evidence of the crimes.
But according to Article 11 of the Statute, the court does not have jurisdiction over crimes committed before it was enforced on July 1, 2002 when it acquired the required 60 ratifications.
Also, the statute does not allow the court to try crimes committed before a member country ratified the treaty.
Uganda ratified the statute on June 14, 2002.
Therefore, the Atyak massacre of April 18, 1995, the 1991 cutting off of women’s rips and the abduction of 109 Aboke girls on October 8, 1996, cannot be brought up against Kony and his commanders.
Will Kony be arrested, given the fact that he is not on our soil? Apparently, Sudan in not a party to the Rome Statute and therefore, it is not bound by it. Sudan signed the Statute on September 8, 2000, but it has not ratified it. However, it may co-operate on a free will.
Uganda has to help the prosecutor gather credible evidence against Kony. Kony is entitled to an international law defence lawyer, provided by and at the cost of the ICC.
Ends
On January 29, the prosecutor of the International Criminal Court (ICC), Luis Mareno-Ocampo, announced that his office is to start investigations on the crimes allegedly committed by Joseph Kony and the LRA leadership in the northern Uganda conflict soon.
This was in London when he and President Yoweri Museveni addressed a press conference. The decision came after Museveni invoked Article 14 (1) of the Rome Statute of the ICC. This means that Kony and his commanders may soon be brought to justice for the crimes committed against the people of the north and north-eastern Uganda.
The Rome Statute established the ICC on July 17, 1998 to bring to justice individuals who commit crimes of concern to the international community and to put an end to the impunity of the perpetrators. A permanent institution, the court consisting of 18 judges of international repute, sits at The Hague in The Netherlands.
It has jurisdiction over ‘the most serious crimes of concern to the international community as a whole’ that are committed in member states. Such crimes, according to Article 5 of the Statute, include genocide, crimes against humanity, war crimes and aggression.
Kony would be charged with crimes against humanity, which the statute stipulates to include murder, enslavement, forcible transfer of population, imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law.
Others include torture, rape, sexual slavery, enforced disappearance of persons and other acts intended to cause serious injury to body, mental or physical health.
It is almost obvious that the ICC prosecutor’s investigation will find evidence of the crimes.
But according to Article 11 of the Statute, the court does not have jurisdiction over crimes committed before it was enforced on July 1, 2002 when it acquired the required 60 ratifications.
Also, the statute does not allow the court to try crimes committed before a member country ratified the treaty.
Uganda ratified the statute on June 14, 2002.
Therefore, the Atyak massacre of April 18, 1995, the 1991 cutting off of women’s rips and the abduction of 109 Aboke girls on October 8, 1996, cannot be brought up against Kony and his commanders.
Will Kony be arrested, given the fact that he is not on our soil? Apparently, Sudan in not a party to the Rome Statute and therefore, it is not bound by it. Sudan signed the Statute on September 8, 2000, but it has not ratified it. However, it may co-operate on a free will.
Uganda has to help the prosecutor gather credible evidence against Kony. Kony is entitled to an international law defence lawyer, provided by and at the cost of the ICC.
Ends