Justice for Women and Children the ICC and the Peace Process in Northern Uganda

Abstract

Finding justice for women in post-conflict situations such as is the case for the women in northern Uganda has proved to be a daunting challenge. In recent times, although efforts have focused on the ICC as an alternative avenue, a number of legal, policy, and attitudinal challenges from individuals, groups, institutions and states still pose difficulties and have proved obstacles for progress in the pursuit for justice against the perpetrators of crimes. As a result crimes such as rape, forced impregnation, sexual slavery, mutilation and abduction of children remain challenges to the very establishment of the ICC, and people looking up-to it as an alternative. Thus, women remain a fundamentally violated, abused and dehumanized category of justice seekers. This discusses how retributive justice is a preferred option for the women in northern Uganda in order to see justice dispensed against those who committed crimes against them during the conflict there. In this presentation, I define justice using John Rawl’s theory. Rawl’s opines that justice is the first virtue of social institution. Here, Rawls discusses the applicability of utilitarianism and of social contract mainly pointing out that the theory of justice as fairness is deontological while utilitarianism is teleological. I further show how the international system such as United Nations (UN), and other Human rights groups have tried to bring justice to women and children since they are the vulnerable groups that are most affected during armed conflict. I also point out the UN Security Council Resolutions on Women and Children in armed conflict which include; UN Resolutions 1325 (2000), 1888 (2009), 1860 (2009), and UN Resolution 1889 (2009) among others. The essay also shows the other means that have been used to bring peace in Northern Uganda. These include Amnesty Act (2000), traditional justice which was carried out through the reconciliation processes of; Mato oput and their shortcomings. Also the need for establishment of a special court which would supplement the role of the ICC. Finally I discuss the ICC and its role in trying to bring justice to the women in Northern Uganda as the best option in deterring future crimes.