Abstract
This practice note describes and critiques the initial years of the International Criminal Court’s (ICC) involvement in Uganda from the perspective of local civil society actors. It argues that the substance and process of the ICC’s intervention fell chronically short of generating justice for those who had lived with the conflict for over two decades, and therefore created a disconnect between the priorities of those on the ground, and the priorities of the Court and its international minders. In order to unravel some of the dynamics that underpinned this disconnect, the paper asserts that the pivotal relationship between citizen and state provides a lens through which to assess any approach to generating justice in Uganda. It concludes that those promoting international justice need to be more cognisant of the fact that international justice mechanisms are obsolete unless they can move from theory to practice and make a genuine difference in people’s lives. In this regard, a better understanding and awareness of the political and social context in which they are operating, as well as greater self-critique and honesty, is critical.
Highlights
Over the past decade, Africa has become the focus of numerous experiments in international justice (IRRI 2011)
Could it be that the decision to refer the case was taken in order to shift international attention onto a group of ‘lunatics’ committing heinous crimes across the north and away from growing criticism of the regime’s hold on power – and international armed forays – which were coming under increasing scrutiny? Despite the fact that Museveni had, arguably, had ample opportunity to end the war on several occasions6 – not least with increased surveillance and tracking of the Lord’s Resistance Army (LRA)’s whereabouts – this poisoned chalice, handed to the International Criminal Court (ICC), was accepted at face value
So what can be learnt? As stated above, the ICC cannot be expected to be anything more than a part of the solution, a mechanism that operates within the broader dynamics of international relations and realpolitik
Summary
This practice note describes and critiques the initial years of the International Criminal Court’s (ICC) involvement in Uganda from the perspective of local civil society actors It argues that the substance and process of the ICC’s intervention fell chronically short of generating justice for those who had lived with the conflict for over two decades, and created a disconnect between the priorities of those on the ground, and the priorities of the Court and its international minders. In order to unravel some of the dynamics that underpinned this disconnect, the paper asserts that the pivotal relationship between citizen and state provides a lens through which to assess any approach to generating justice in Uganda It concludes that those promoting international justice need to be more cognisant of the fact that international justice mechanisms are obsolete unless they can move from theory to practice and make a genuine difference in people’s lives. A better understanding and awareness of the political and social context in which they are operating, as well as greater self-critique and honesty, is critical
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