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From: "IRIN" <[email protected]>
Date: 6 Dec 2016 09:02
Subject: Kony’s killers – are child soldiers accountable when they become
men? ...
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Today's humanitarian news and analysis

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Kony’s killers – are child soldiers accountable when they become men?
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The trial of Dominic Ongwen, a senior member of the notorious Lord’s
Resistance Army, opens on Tuesday before the International Criminal Court
in The Hague. Many horrors will be recounted, but the case also throws up
deep ethical questions: is a child, brutalised and turned into a killer,
fully responsible for his or her actions? If the abuses of government
forces aren’t also being investigated, at what point does it become
victor’s justice?

Abducted by the LRA at the age of 10, Ongwen
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became a protégé of rebel leader Joseph Kony and was forced to witness and
carry out acts of extreme violence. He will be appearing before Trial
Chamber IX to answer 70 charges of war crimes and crimes against humanity.
They include allegations of murder, rape, sexual slavery, torture,
pillaging, and the conscription of children aged under 15 for combat.

It is the first time in the history of the ICC where the alleged
perpetrator himself was a child soldier.

“I know it’s a delicate balance. It’s about accountability. It’s about
whether Ongwen was responsible for the atrocities or not,” Herman von
Hebel, the ICC registrar, told reporters on Monday in the Ugandan capital,
Kampala.
Sympathy

In northern Uganda, epicentre of the two-decade-long insurgency, Ongwen is
not uniformly thought of as a monster. Among many former LRA child
soldiers, now back in their communities after amnesty
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and reconciliation programmes, there is sympathy.

Like Ongwen, they were forced to commit serious crimes, and some fault the
government for not having protected them.

“He is a victim and not an abuser,” Thomas Otim, a former LRA combatant,
told IRIN. “Ongwen, like many of us, had to obey and execute Kony’s orders.
If he didn’t, he could have been killed…. He should be forgiven and
pardoned.”

Even some LRA victims agree with Otim. Sarah Angee lost her parents and
relatives in an LRA attack in her northern home district of Amuru.

“As a victim and survivor, I have accepted to forgive Ongwen for the
atrocities and suffering he caused,” she told IRIN. “As a child soldier, he
was conscripted and indoctrinated to kill, maim, rape women, mutilate,
attack camps, abduct children, and other horrible atrocities.”

The LRA terrorised northern Uganda between 1987 and 2006. It emerged in the
tumult of a divided Uganda, in which President Yoweri Museveni’s
southern-based National Resistance Movement had fought its way to Kampala
and overthrown the short-lived military rule of Tito Okello, an Acholi.
Although the LRA was an Acholi-based movement, its victims were
overwhelmingly from its own community.

In 2000, the government introduced a blanket amnesty for anyone who
abandoned the group and renounced involvement in the war. Close to 30,000
took up the offer, but the government subsequently excluded the most senior
commanders like Ongwen.

[image: Ugandan soldiers hunting for Kony]
Richard Mugisha/IRIN

He is the only one of five indicted LRA figures to have surrendered, giving
himself up in Central African Republic in January 2015. With the exception
of Kony, the other three wanted men are believed to be dead.

Rather than the ICC’s retributive justice, Angee would like to see Ongwen
pardoned and, like many of the ex-LRA who returned home, enrolled in a
traditional Acholi reconciliation process known as Mato Oput
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.

“Let the ICC leave him to come back home and be given amnesty like other
top LRA commanders. He will be cleansed and reconciled with the relatives
and communities that he wronged and offended during the conflict through
[our] local mechanism,” she said.
Meeting Ongwen

But Betty Oyell Bigombe, a senior director at the World Bank who – as a
state minister for northern Uganda – worked for years to broker an end to
the conflict, disagrees with the notion of pardoning Ongwen.

*“*I met Ongwen during the peace talks. He was the most hostile. I was very
scared of him,” she told IRIN. “Ongwen can’t be left to get off scot-free.
It’s true, Ongwen was abducted. It’s true, he was a victim. But, like so
many others, he had an opportunity to defect. But he didn’t surrender for
all those years. This raises a moral question. Why didn’t he?

“I am a stronger believer in forgiveness. But forgiveness has to have a
limit. Forgiveness has to have reasons. Victims never really recover if
justice is never there. It wouldn’t be good to see Ongwen in a suit driving
a car and [the victims] have nothing,” she said.

“Whatever comes out of it [the trial] can be discussed,” she added. “[But]
I also think this is important for the existence of the ICC. The ICC was
created to protect the voiceless. It acts as deterrence so that any other
person who has those intentions in future should know the consequences.”
Why mixed feelings?

Phil Clark, a Great Lakes expert at SOAS, University of London, believes
victims' feelings toward Ongwen are mixed, and filtered through their own
experiences.

“Many victims I have interviewed say they have children just like Ongwen –
children who were abducted but who committed horrific atrocities, including
back in their home communities. These victims therefore hate the crimes
Ongwen has committed, but are sympathetic to him because of the way he was
forced into the rebel ranks,” he told IRIN.

Richard Mugisha/IRIN
Dominic Ongwen at a press conference soon after his surrender

Lino Owora Ogora, a transitional justice and peace-building activist based
in the main northern city of Gulu, agrees with Clark over the tangled
emotions stirred by the case.

“The sentiments of victims towards forgiveness can also be explained by the
fact that for a long time amnesty was promoted and embraced by the people
as a means of ending the conflict,” he noted. “Because many commanders who
surrendered before Ongwen were granted amnesty, the people feel he also
deserves amnesty.”

“Yes, I think the government politicised and manipulated the ICC in the war
against the LRA. The government used the ICC to isolate the LRA from the
international community and to officially label the LRA a terrorist
organisation,” said Ogora.

“How else can you explain the fact that today the same government that
invited in the ICC in the first place is the same government that has
turned into a bitter critic of the ICC, with President Museveni openly
calling the ICC a 'bunch of useless people'?”

But Clark also faults the ICC. “As part of the pre-referral negotiations,
the ICC prosecutor promised the government there would be no investigations
of state actors as long as the government cooperated with the court. The
Ugandan government was only too willing to cooperate. This meant the ICC
would target the government's opponents such as the LRA while protecting
the state from the threat of prosecution,” he said.

“In the eyes of affected communities in northern Uganda, this immediately
delegitimises the ICC,” Clark suggested. “Local communities view both the
LRA and the government as responsible for the atrocities they have
suffered. Some communities even see government crimes as worse because the
state – unlike rebels – is supposed to guarantee citizens' protection and
security.”
Government crimes

Ongwen’s call to the dock on Tuesday has prompted fresh calls for
investigations into alleged crimes committed by the army, the Ugandan
People’s Defence Force, during the long counter-insurgency war in the
north, in which human rights violations were committed.

“We need a full accounting for the atrocities, where both parties involved
in the conflict have to account. The absence of accountability from the
UPDF side will always remain an issue if not addressed,” said Joyce Freda
Apio, a transitional justice expert.

“The heavy reliance by the Office of the Prosecutor on evidence gathered by
Ugandan military intelligence raises concern if what is being pursued is
the victor's justice,” she told IRIN.

Clark said that by ignoring government atrocities “for the sake of
expediency”, the ICC had destroyed its reputation among the local
communities.

“They see the court and the government as one and the same – and blame the
court for protecting and even emboldening the state to continue committing
crimes. For example, its violent crackdown against civilians in the three
national elections held since the ICC intervened in Uganda.”

But Bigombe, the World Bank director and former state minister, sees that
as disingenuous. “There have been complaints, but no organisation has
communicated to [the] ICC and said, ‘Could you investigate UPDF as well?’
The ICC as an institution will not deal with outcries and rumours. If there
was a letter or invitation to invite ICC to investigate the UPDF for their
role in northern Uganda, I would be surprised if ICC turned their back.”

The Ugandan government referred the LRA case to the ICC in 2004 – alleged
UPDF atrocities were not in the terms of reference. However, the government
argues that it has always investigated allegations against its soldiers,
and those found guilty have been punished harshly.

But there was also the government’s controversial strategy to force most of
the population of the north into “protected villages”, a policy condemned
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by rights groups and local politicians.

Ongwen will enter a plea of guilty or not guilty to the charges being
brought against him on Tuesday. The court will then adjourn to 16 January,
when the prosecution will begin presenting its evidence. It’s a case
Ugandans will follow with rapt attention.

A decade on from leaving Uganda, the LRA now numbers just a few hundred,
operating in the remotest regions of the Congo, CAR and Sudan, but the
legacy of the group’s violence still casts a long shadow over people’s
lives.

so/oa/ag

*TOP PHOTO: Dominic Ongwen at his first hearing at the ICC in 2015.
CREDIT: ©ICC-CPI*
Kony’s killers – are child soldiers accountable when they become men?
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Samuel
Okiror <http:///authors/samuel-okiror> Analysis <http:///analysis> Conflict
<http:///conflict> Human Rights <http:///human-rights> Child soldiers
<http:///human-rights/child-soldiers> GULU
<http:///publication-location/gulu> IRIN <http:///byline/irin> Africa
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------------------------------
The human cost of Chad’s war against Boko Haram
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Chad is a key military player in the fight against Boko Haram but it is
struggling with the humanitarian challenge of the insurgency.
Cash-strapped Chad is hosting tens of thousands of people made homeless by
the insurgency The human cost of Chad’s war against Boko Haram img_4568.jpg
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Ashley
Hamer <http:///authors/ashley-hamer> Feature <http:///feature> Aid and
Policy <http:///aid-and-policy> Conflict <http:///conflict> Food
<http:///food> BAGA SOLA <http:///publication-location/baga-sola> IRIN
<http:///byline/irin> Africa <http:///africa> West Africa
<http:///afrique/west-africa> Chad <http:///afrique/afrique-de-louest/chad>

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