The International Criminal Court and African Conflicts: The Case of Uganda

Abstract

For more than two decades, the rebel Lord's Resistance Army (LRA) has been committing some of the most appalling human rights violations and war crimes against civilian populations in northern Uganda. The Ugandan Government has been unable to defeat the rebel movement and effectively protect the civilian populations from its carnage. This situation led the government to pass the Amnesty Act of 2000 in a bid to entice the group's leaders to end the fighting. Subsequently, the International Criminal Court (ICC), at the request of the Ugandan Government, issued arrest warrants in 2005 for the five main leaders of the movement, a move regarded by some as the main stumbling block to peace in Uganda, as the rebels are insisting on the annulment of these warrants before they can sign a definitive peace agreement. This article examines the dilemma that this situation seems to have created in the peace process in Uganda. It concludes that the ICC should be firm in combating impunity, but flexible in accepting other alternatives to attributive justice whenever necessitated by the situation, as its own statute acknowledges.