The Ongwen Judgments

Abstract

Abstract The Ongwen trial and appeal judgments are an affront to child soldiers everywhere and to international criminal justice. The judgments fail to treat Mr Dominic Ongwen as an individual within his own social context, in which culture and race are significant factors. The Chambers invisibilized the victimization of Mr Ongwen within the cruel and ruthless conditions of the Lord’s Resistance Army (LRA) as a child and young adult. Seeking justice for Mr Ongwen and ensuring he had a fair trial has been a Sisyphean struggle for the defence counsel, who have tried to humanize the lived experience of our client within the courtroom of the Hague. The Chambers acknowledged the brutality and bestiality of the LRA, led by Joseph Kony, yet created an ‘Ongwen Exception’ that dehumanized him as detached from the Court’s previous rulings on the long-term social and psychological effects of being forcibly recruited as a child soldier. In these observations, the Defence discusses Mr Ongwen’s social context, emphasizing the importance of culture and race within it, and the dangers of the Chambers’ rote and narrow interpretation of Article 26 ICC Statute, which underlies Mr Ongwen’s convictions.