Higher stakes for Uganda's LRA
By Steve Paterno
 
June 5, 2006 - At long last, one will say for the first time the
usual low profiled issue of the Lord's Resistance Army (LRA) has
acquired some prominence on international scene-bringing into the
forefront to the international communities the resolutions of the
LRA's longed ignored problems. The stakes in arresting and
prosecuting the leaders of LRA by the international communities, the
International Criminal Court in particular, is increasingly getting
higher. Meanwhile the efforts by the autonomous government of the
Southern Sudan to appease the LRA in defiance of the international
communities' Protocols are gaining momentum. This seemingly awkward
situation set the newly created autonomous government of the
Southern Sudan and the international communities in a collision
course.
 
For two decades, the LRA has been accused of killing, kidnapping,
rapping, torturing, and looting of the civilian populations. The
victims of LRA stretch into three different countries of Uganda,
Sudan, and Congo. And the victims are not just limited to the
nationals of those countries but also include the humanitarian aid
workers who operate in those countries. The violence acts of LRA
have already killed up to tens of thousands of civilians with many
more dying of diseases and malnutrition as a direct result of LRA's
activities. Thousands of civilians are estimated to be kidnapped,
and approximately over thirty thousand of those kidnapped are
alleged to be the children. Little school girls make the bulk of the
LRA's rapped victims. The chopping and hacking of its victims' body
parts becomes LRA's trademark in torturing adventure. Looting,
vandalizing and burning of properties defined LRA's means of
survivals. The LRA's brutal activities have forced nearly two
million of civilians off their homes to live in displaced camps,
street corners and public spaces in larger towns. Despite all these
horrible facts, the issue of the LRA remained a low profile in the
international communities circle and drew little to no media
coverage. It is only until recently that the issue begins to take a
different shape.
 
In the year 2003, by the virtue of its membership in the
International Criminal Court (ICC), Uganda was able to make a
referral of the horrific criminal violations of the LRA's to be
investigated and prosecuted by the ICC. After finishing its
investigation and compiling strong case against the LRA's
leadership, the ICC delayed in making public any indictment with the
hope of giving peace a chance as the 2004 peace talks was promising
to end the conflict peacefully. However, the peace that was supposed
to be signed between the Ugandan government and the LRA in the end
of 2004 was stalled in a last minute hitches. The LRA's chief
negotiator, brigadier Sam Kolo, surrendered to the Ugandan
government dashing out all the hopes of imminent peace deal. His
defection also dealt an embarrassing defeat to the LRA leadership.
As a result, the business resumed as normal with many more killing,
kidnapping, rapping, torturing, and looting inflicted among the
civilians population in the years that followed.
 
Then in October of 2005, the ICC went ahead in unsealing its
indictment of five LRA leaders who include Joseph Kony, his deputy
Vincent Otti, and LRA commanders Raska Lukwiya, Okot Odiambo, and
Dominic Ongwen. (Brigadier Dominic Ongwen is reported to have been
killed in a combat operation that involved the Ugandan People
Defense Force (UPDF) in year 2005). This indictment put an end into
any negotiation with LRA as it calls on immediate arrest of those
leaders of the LRA. Nonetheless, the ICC has no military or police
of its own to enforce its arrest warrant. Instead, it relies on its
member states and others to carry out its arrest warrant. In this
case, it has served both of the countries that the LRA is operating
in with a warrant to arrest the indicted leaders of the LRA. Of
those countries, Sudan is not a member that ratified the charters of
ICC, but yet it made a commitment to the ICC to comply with the
arrest warrant to arrest the indicted leaders of LRA.
 
However, recent development indicates that the autonomous government
of Southern Sudan is in no way complying with the ICC arrest
warrant. It has thus far conducted several negotiations with the LRA
leaders, provided the LRA with food supplies, issued the LRA with
stacks of cash money, and designated an area for LRA to roam freely
in an effort to secure long term peace mediation between the LRA and
the Ugandan government. The authorities in the government of
Southern Sudan are completely ignoring the ICC arrest warrant. The
Vice President of Southern Sudan, Riak Machar called the ICC's
justice as "European Justice" and that the South Sudan is not
the "police of the world" to carryout an international arrest
warrants. The president of the South Sudan who is also the vice
president of the Sudan, Salva Kiir, said, "the laws Kony broke are
not European laws, they are our laws." Therefore, the ICC should
have no saying.
 
But what the authorities of the Southern Sudan government are not
aware of is that the president of Uganda, Yuweri Museveni, who is
not from European, was the one who referred the issued of the LRA to
the ICC to be investigated and prosecuted. So, if the ICC operates
under Europeans laws, President Museveni should not have referred
the case there in the first place. The other thing that they are
also not aware of is that the ICC membership is not made up of
exclusive Europeans for the ICC's jurisdiction to be classified
as "European Justice." The Sudanese neighboring countries like
Uganda, Democratic Republic of Congo just to name few are members of
ICC, and Sudan can also be a member if it wishes to join, and even
the aspiring country of Southern Sudan can become a member once it
is a sovereign state and willing to join. And more importantly, what
these authorities in Southern Sudan are not aware of is that in
today's globalize world, those who commit crimes against humanity
must not escape unaccounted for the actions they committed
regardless of what part of the world they come from or what side of
the conflict they are involved in. global justice must follow the
perpetrators of global crimes wherever they may be.
 
As the Southern government of Sudan remains defiance in the face of
international communities, a different party entered into play, and
it is the Interpol, which has just joined the hunt for the LRA
leadership on behalf of the ICC. The Interpol came in with
international law enforcement experience of over eighty years in
preventing and combating international crimes. With its 184 member
states, Interpol is the world's largest international police
organization. Interpol objective is to facilitate the cooperation of
international police across the borders where even diplomatic
relationship is non existence. It supports all those authorities
whose missions are to prevent and combat international crime through
the spirit of Universal Declaration of Human Rights.
 
With its extensive international law enforcement experience,
effective coordinated efforts and its integrated global
communication system, the Interpol has largely been successful in
apprehending its suspected subjects from around the globe. However,
its successes in apprehending the LRA's suspected leaders are
remained to be seen given the lack of compliance from the Southern
Sudan government and other risk factors that may make the suspects
unreachable.
 
Also the showdown between the government of Southern Sudan who
appeases the LRA and the international communities, who are in favor
of handing the LRA leaders over for prosecutions, is the unfolding
development that has to be watched with interest. Whether the
government of Southern Sudan is weak and not capable of arresting
the LRA leaders and resorts in desperation to be in such unique and
awkward position as it has been accused by others or it has other
options in dealing with the LRA without appeasement is something
that remains to be judged as the time goes by. Whatever the future
outcome may unfold, whether there will be peace agreement that
guarantees amnesty to the leaders of LRA or there will be a
continuous conflict, the LRA leaders will never escape the long arm
of international justice given the horrendous crimes they have
committed.
 
General Augusto Pinochet who ruled Chile with iron fist could not
defend himself even the argument that he is not fit to stand trial
on the ground of his illness could not prevent him from
prosecutions. The person who oversaw Yugoslavia disintegrated into
chaos and poverty, President Slobodan Milosevic, has to account for
crimes he committed even if it means he has to die in the prison
like the way he did. Sadam Hussein who equated himself to some
mystical historical figures and ruled Iraq with terror for decades
has to under go prosecutions even if he stills believe that he is
the elected president of Iraq while he is behind the bar. The
African flamboyant president of Liberia, Charles Taylor could only
escape justice temporarily, and money cannot guarantee his escape
even in a country like Nigeria where bribery is the rule of law. So
justice could be awaiting the LRA leaders and it is just a matter of
time before justice takes its toll on them. Their fates is just like
those leaders who thought they could escape justice but ending up
facing it.
 
* Steve Paterno is a Sudanese residing in the U.S.A. He can be
reached at [EMAIL PROTECTED]
 
 The Mulindwas Communication Group
"With Yoweri Museveni, Uganda is in anarchy"
            Groupe de communication Mulindwas
"avec Yoweri Museveni, l'Ouganda est dans l'anarchie"

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