Ensure that justice needs are met; HURINET-U and the UCICC welcome the arrest of Caesar Acellam
Human Rights Network-Uganda (HURINET-U) and the Uganda Coalition on the International Criminal Court (UCICC) applaud the work of the Ugandan government and its success in arresting one of the former LRA commanders-Caesar Acellam. This is a great step in an effort to consolidate the return to normalcy in Northern Uganda. This is great progress considering the efforts that have been invested in the process. This also goes to show the importance and leverage that regional armies can have when they cooperate in the process.
Although Caesar Acellam is not one of the individuals that is wanted by the International Criminal Court, it is important that the Directorate of Public Prosecutions in Uganda makes an effort and initiates an investigation into any crimes that could have been committed by Caesar Acellam considering that he was one of the commanders of the Lord’s Resistance Army whose leaders Joseph Kony, Vincent Otti , Dominic Ongwen and Okot Odhiambo according to the International Criminal Court are wanted for alleged war crimes in the form of murder, cruel treatment of civillians, intentionally directing attacks against a civilian population, pillaging, inducing rape, and forced enlistment of children and war crimes in the form of murder, enslavement, sexual enslavement and inflicting serious bodily injury. These are crimes that can be tried in Uganda both under the Penal Code Act of Uganda and the Geneva Conventions Act of Uganda especially under the newly established International Crimes Division of the High Court.
It is important that although blanket amnesties are granted under Uganda’s Amnesty Act, the Amnesty Commission should consider invoking some of the provisions that require one to renounce rebellion before being granted amnesty especially for individuals who are captured in combat. This will allow for clear investigation and prevent legal dilemmas that have occurred in the recent past where there have been conflicts between the Amnesty Act and ability to have trials at the International Crimes Division.
It is noteworthy that although there are a range of measures that have been proposed to handle the after effects of the war, most of the measures have not been implemented coherently. These have included amnesties, trials, proposals for a truth telling commission, and the use of traditional justice measures, most of which have not been implemented coherently. It is important that the government prioritizes the passing and implementation of the Transitional Justice policy through the Justice, Law and Order Sector (JLOS) where effective justice, healing and reconciliation can occur.
It is also important that the Uganda People’s Defence Forces (UPDF) and the regional armies continue to pursue the other leaders of the LRA until they are brought to justice. Executing outstanding arrest warrants is the obligation of states and is important for victim communities who have waited for justice for years.
While Caesar Acellam is in custody of the UPDF, there is a need to ensure that his rights are protected especially the right to freedom from torture and other inhuman degrading treatment, and other rights that are enshrined in the constitution.
This is a great step towards peace and we hope that this development will be able to avail justice to the affected communities in Uganda.
For Immediate Release
15.05.2012
KAMPALA-UGANDA
Press Release: Stop enlisting Child Soldiers in War; the ICC delivers its first guilty verdict
The Uganda Coalition on the International Court (UCICC) and Human Rights Network-U (HURINET-U) applaud the decision of the International Criminal Court (ICC) in its first verdict in the case of The Prosecutor v. Thomas Lubanga Dyilo. This is the first verdict since the court was established 10 years ago.
Thomas Lubanga Dyilo’s trial has been going on since 17 March 2006 when he was incarcerated at the court. The trial was suspended for two successive times. The former war lord in the Democratic Republic of Congo (DRC) was convicted of the offences of enlisting and conscripting child soldiers and using them to participate in hostilities.
This decision is a milestone in the work of international criminal justice and goes to show that although international criminal law may not bring about instantaneous gratification, it is a sure and steady process that aims at fair, free and effective trials that involve victim communities.
This trial and verdict is particularly important because it buttresses decisions that prohibit enlisting of child soldiers which continues to go on in many places in Africa. All acts of abduction, enlisting, using children as sex slaves and coercing them to commit atrocities under the command of war lords and other groups are effectively condemned in the verdict. This is because such acts deprive and rob children of their childhood, innocence and future.
It is noteworthy that the conduct of the prosecution was highlighted by the judges in the verdict in light of the role that intermediaries can play in the whole process of investigation and trial. We call upon the court to clarify and streamline further the role and importance that intermediaries have in the process of investigation and trial. This would prevent delays but also support national institutions in situation countries to improve the capacity of their investigative and access to justice systems.
This verdict brings to the fore the importance that executing arrest warrants, trial and verdicts have for victims of such crimes. The process of justice only comes to fruition when there is a full fair trial. We therefore call upon states to take their obligations under the Rome Statute and execute outstanding arrest warrants in DRC situation and in other situation countries.
The ensuing process of sentencing and granting reparations that is soon to take on at the court goes to show the progressive development of international justice under the Rome Statute. Often, completion of trials goes without acknowledging the harm suffered by the victims. The court in taking steps to avail reparations to victims would help most of them reconstruct their lives after the harm suffered. It is our prayer that the whole process of reparations remains victim centered.
This verdict and conviction is and will remain a landmark in the history of international justice and we hope it will deter individuals who may want or may be committing such atrocities.
