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].
Visit this group at https://groups.google.com/group/SouthSudanKob.
To view this discussion on the web visit 
https://groups.google.com/d/msgid/SouthSudanKob/CAJb14oo79G7En0RyFF9gNqZCZ25uoqdBPVdchB2tY0h0ctkCGw%40mail.gmail.com.
For more options, visit https://groups.google.com/d/optout.

Reply via email to