The Dominic Ongwen Trial Posted by Enough Team <http://www.enoughproject.org/blogs/enough-team> on Jan 29, 2016
[image: Dominic Ongwen] *Editor’s Note: This blog post was written by Enough Project Senior Policy Analyst Holly Dranginis and Intern Adam Finestone.* This week marks an important step forward for international justice and accountability for atrocities in East and Central Africa. The International Court completed its confirmation of charges hearings in the case of Dominic Ongwen, a former commander of the Lord’s Resistance Army (LRA). The LRA, is a notorious armed group known for committing atrocities in Uganda, South Sudan, the Central African Republic and the DRC and funding its activities in part through elephant poaching and ivory trafficking. Ongwen was charged with 70 counts of crimes against humanity and war crimes, including sexual and gender-based crimes and the recruitment of child soldiers. Ongwen, indicted in 2005 for crimes committed between 2002-2005 surrendered in the Central African Republic in 2015, where he was transferred to the ICC in The Hague. His case is unique in several respects, most notably because he was abducted by the LRA and forced to be a child soldier before eventually rising to commander status later in life. Thus, this is the first case at the ICC in which an inductee is charged with the same crimes done to him. With the unfolding of Ongwen’s case, an important debate has surfaced as to what implication, if any, Ongwen’s abduction as a child should have on his case. This is an issue ultimately up to the court. In Friday’s statements, the prosecutor made a point of acknowledging Ongwen’s status as both a victim and an alleged perpetrator, but also asserted that Ongwen had command and control over troops during the massacres for which he is charged. The prosecution argues his former status as a child soldier should only serve to mitigate his sentence, if appropriate. The question of mitigating evidence based on abuses suffered during childhood and outside the temporal scope of the crimes charged is a critical one, and evolving still even in domestic criminal practice. Ongwen’s trial is a unique and important opportunity to form international legal precedent, especially since histories of abuse and abduction as well as brainwashing and Stockholm syndrome are not issues unique to Ongwen’s case. These are issues that are likely to feature in future cases at the ICC, so the way they’re handled in Ongwen’s case will likely form a foundation for how they’re addressed in international criminal law practice generally. The confirmation of charges hearing, beginning on Friday January 22 and continuing into Monday and Tuesday, was primarily for the prosecution to present its case to the judges in order to convince them that there is enough evidence to proceed on all 70 counts. The judges can drop charges at this stage if there insufficient evidence, a decision that will be released in a few weeks after the judges have a chance to review evidence presented. As the case moves forward, the prosecution will use a fairly diverse range of evidence, including testimony, exhumed remains, and radio intercepts. On Friday, prosecutors presented an especially sophisticated analysis of coding that the LRA has used in its radio communications. In addition to the defense and prosecution teams, there are two teams of lawyers representing almost 2000 victims in the case, who also presented statements in this week’s hearing. The ICC is the first international court to incorporate victim participation, which is still considered an innovative or experimental component of international criminal justice practice. Importantly, the ICC’s mandate includes outreach to affected communities, particularly to ensure that those communities have the opportunity to watch live hearings when they occur in The Hague. Ongwen’s confirmation of charges hearing was screened in several places in Northern Uganda, including Lukodi where 13 of Ongwen’s charges originate. According to community members in Lukodi, residents viewed the hearing with mixed emotions and opinions. Several had concerns about the efficacy and efficiency of strategies for distributing reparations to those who have suffered violence and property theft at the hands of the LRA. For many, the trial marked progress after a long wait to see developments with LRA cases at the ICC. One person watching in Lukodi, Atiya Justine, remarked, “Watching the confirmation of charges hearing of Dominic Ongwen has restored our trust in the international community because it means that someone was watching, and that our suffering was not going unnoticed. I however urge the ICC to improve the lives of people [who] acted as witnesses.” *Photo credit: ICC-CPI* - Lord's Resistance Army <http://www.enoughproject.org/category/conflict-area/northern-uganda> **************************************************************************************************************** LIVE FROM THE HAGUE: The Confirmation of Charges Hearing in Lukodi, Northern Uganda Commentary <http://www.ijmonitor.org/category/commentary> by International Justice Monitor January 22, 2016 45 <http://www.ijmonitor.org/2016/01/live-from-the-hague-the-confirmation-of-charges-hearing-in-lukodi-northern-uganda/#> 0 <http://www.ijmonitor.org/2016/01/live-from-the-hague-the-confirmation-of-charges-hearing-in-lukodi-northern-uganda/#> 0 <http://www.ijmonitor.org/2016/01/live-from-the-hague-the-confirmation-of-charges-hearing-in-lukodi-northern-uganda/#> [image: IMG_20160121_124447] <http://www.ijmonitor.org/wp-content/uploads/2016/01/IMG_20160121_124447.jpg> This post was written by Lino Owor Ogora, Director, Foundation for Justice and Development Initiatives (FJDI), an NGO based in Gulu District, Uganda, that works with children, youth, women, and communities to promote justice, development, and economic recovery in Northern Uganda. *“Watching the confirmation of charges hearing of Dominic Ongwen has restored our trust in the international community because it is evidence that someone was watching, and that our suffering was not going unnoticed.” Atiya Justine, community member in Lukodi.* January 21, 2016 dawned as another hot dusty day in Lukodi Village, located in Gulu District, Northern Uganda. But this was not going to be like any other ordinary day in Lukodi, because a live screening of an International Criminal Court (ICC) proceeding from The Hague, Netherlands, was going to be conducted in the community. Dominic Ongwen, an alleged commander of the notorious Lord’s Resistance Army (LRA), is charged with 70 counts of crimes against humanity and war crimes allegedly committed against four camps for internally displaced persons (IDPs) in Northern Uganda. He is accused of leading assaults from 2002 to 2004 that led to the deaths of over 2,000 people and the abduction of 3,000 more. Pre-trial judges at the ICC are currently holding hearings to decide if there is enough evidence for his case to go to trial. The ICC Field Outreach Unit, in collaboration with the Foundation for Justice and Development Initiatives (FJDI), planned to conduct a live screening of Ongwen’s confirmation of charges hearing. The screenings were to be conducted in nine selected locations across Northern Uganda, including Lukodi. Lukodi is one of the many villages in Northern Uganda that suffered from brutal LRA attacks. Located 17 Kilometers from Gulu Town, the village was the scene of a horrible massacre that occurred on May 19, 2004. LRA rebels raided the village, looted goods, burnt houses, and killed any civilians they came across. Dominic Ongwen is alleged to have led the attack against Lukodi. The audience of nearly 1000 community members watched closely as the proceedings opened at the ICC. The judges opened the hearings and Ongwen appeared briefly on the screen—dressed smartly in a suit and tie—drawing scrutiny and comments from the community. “He has grown fat,” one woman remarked, drawing laughter from the rest. “He is so smart. Life at the ICC must be very nice,” another man remarked, earning more laughter. Seated on wooden school benches, on a hot scorching day, amidst the sound of chattering women, crying children, and whirring from the public address system, the people of Lukodi watched as the ICC prosecution team laid out its case. They seemed mesmerized by the ease with which the prosecution lawyer rolled off names of places in Northern Uganda with a western accent. Although they had heard it many times before, the people hung onto the words of the prosecution lawyer as he told the court about the history of the LRA and their hierarchical and organizational structure. The community members watched with fascination as sound clips from intercepted radio communications were played by the prosecutor. Most of them were amused to hear the voices of LRA commanders Joseph Kony and Vincent Otti. ICC outreach team and FJDI staff provided a summary and explanations of what was transpiring for the benefit of people who could not understand English. Community members were also given an opportunity to ask questions or make comments during a break. Mr. Atiya Justine, a community member asked, “If Dominic Ongwen is found guilty, who will pay compensation to the people of Uganda? The ICC or the Government of Uganda?” “Why are the majority of the people in the courtroom white? Don’t we have Ugandans who are qualified to work at the ICC and represent Dominic Ongwen?,” asked Mr. Pekodwong Godwin. “When were the radio communications by Ongwen intercepted? Was it while he was still serving in the LRA or after leaving the LRA?,” another woman asked. Ms. Maria Mabinty Kamara, the ICC field outreach coordinator who was present for the viewing, addressed these questions. She explained that the current proceedings at the ICC was a confirmation of charges hearing, and was not meant to determine whether Ongwen was guilty or not. However, she explained, if the case went to trial and Ongwen was found guilty, then the ICC could pay court ordered reparations through the Trust Fund for Victims. She also explained the recruitment policies of the ICC and the fact that many Africans hold top positions in the institution. She also explained that the radio communications by Ongwen had been intercepted while he was still serving in the LRA. The community members were given another opportunity to ask questions and make comments after the viewing had ended. “Watching the confirmation of charges hearing of Dominic Ongwen has restored our trust in the international community because it means that someone was watching, and that our suffering was not going unnoticed. I however urge the ICC to improve the lives of people [who] acted as witnesses. The ICC should assist them in any way so that their lives improve. I also request that the proceedings and evidence presented are compiled into a book for our children to read,” said Mr. Atiya Justine. There being no more questions or comments, the day was closed and the community members departed for their homes. The community viewing in Lukodi will take place for four more days to come. ************************************************************************************************************ ICC-02/04-01/15 The Prosecutor v. Dominic Ongwen ------------------------------ Case Information Sheet: English <https://www.icc-cpi.int/iccdocs/PIDS/publications/OngwenEng.pdf>, Français <https://www.icc-cpi.int/iccdocs/PIDS/publications/OngwenFra.pdf> ------------------------------ Dominic Ongwen [image: Dominic Ongwen] Alleged Brigade Commander of the Sinia Brigade of the Lord's Resistance Army (LRA). Prosecution application for a warrant of arrest: 6 May 2005 Warrant of arrest <https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200204/related%20cases/icc%200204%200105/court%20records/chambers/pre%20trial%20chamber%20ii/Pages/warrant%20of%20arrest%20for%20dominic%20ongwen.aspx> issued by Pre-Trial Chamber II: Issued under seal on 8 July 2005 Unsealed on 13 October 2005 Surrender to ICC custody: 16 January 2015 Transfer to ICC Detention Centre: 21 January 2015 Initial appearance hearing: 26 January 2015 Opening of the confirmation of charges hearing: scheduled for 21 January 2016 *Charges* The warrant of arrest for Dominic Ongwen listed seven counts on the basis of his individual criminal responsibility (article 25(3)(b) of the Statute) allegedly committed on or about 20 May 2004 at the Lukodi IDP Camp in the Gulu District, Uganda: for three counts of crimes against humanity (murder; enslavement; and other inhumane acts) and four counts of war crimes (murder; cruel treatment; attack against the civilian population; and pillaging). On 21 December 2015, the Prosecutor charged <https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200204/related%20cases/ICC-02_04-01_15/cr/fop/otp/Pages/375.aspx> Dominic Ongwen with crimes in addition to those set out in the warrant of arrest: a total of seventy counts. The additional charges related to attacks on the Pajule IDP camp, the Odek IDP camp and the Abok IDP camp. The counts brought against the suspect in the context of these attacks include attacks against the civilian population, murder, attempted murder, torture, cruel treatment, other inhumane acts, enslavement, outrages upon personal dignity, pillaging, destruction of property, and persecution. The expanded charges against Dominic Ongwen also include sexual and gender-based crimes committed from 2002 to 2005 in Sinia Brigade – forced marriage, rape, torture, sexual slavery, and enslavement – and the conscription and use of children under the age of 15 to participate actively in hostilities from 2002 to 2005, in Sinia Brigade. -- To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] Visit this group at https://groups.google.com/d/forum/southsudankob View this message at https://groups.google.com/d/msg/southsudankob/topic-id/message-id For more options, visit https://groups.google.com/d/optout --- You received this message because you are subscribed to the Google Groups "South Sudan Info - The Kob" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send email to [email protected]. 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