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37 - Courts, conflict and complementarity in Uganda

from PART VI - Complementarity in practice

Published online by Cambridge University Press:  05 November 2014

Carsten Stahn
Affiliation:
Universiteit Leiden
Mohamed M. El Zeidy
Affiliation:
International Criminal Court
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Summary

There may be a tendency in some circles not to see what has happened in Uganda through the lens of complementarity. To date, a national investigation into those Lord's Resistance Army (‘LRA’) leaders under arrest warrants from the International Criminal Court (‘ICC’) has yet to be opened, and any question of a challenge to the jurisdiction of the ICC is premature as remarked on by the Court itself. But at the same time, the case of Uganda highlights many important aspects of how complementarity may operate in practice. In Uganda, the ICC arrest warrants were a central issue in the peace talks between the government of Uganda and the LRA held at Juba from 2006 to 2008. This caused mediators and the parties to seek innovative solutions to accountability questions that sought to be compatible with the Rome Statute. It was significant that those involved did not seek to argue that traditional justice by itself would suffice to fulfil complementarity. The proposal put forward during the Juba talks represents a comprehensive vision for national accountability which, if it were fully implemented, would be highly significant for Uganda moving forward out of years of conflict. The fact that the final agreement negotiated at Juba was not signed of course complicates the pursuit of this vision.

Type
Chapter
Information
The International Criminal Court and Complementarity
From Theory to Practice
, pp. 1155 - 1179
Publisher: Cambridge University Press
Print publication year: 2011

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References

Lyons, A. and Reed, M. (eds.), Dilemmas of Transitional Justice in Columbia and Comparative Experience (2010)
Finstrom, S., Living with Bad Surroundings: War, History and Everyday Moments in Northern Uganda (2008)
Pham, P., Vinck, P. and Stover, E., Berkeley-Tulane Initiative on Vulnerable Populations, Abducted: The Lord's Resistance Army and Forced Conscription in Northern Uganda (2007)
Allen, T., Trial Justice: The International Criminal Court and the Lord's Resistance Army (2006)
Hovil, L. and Quinn, J. R., ‘Peace First, Justice Later: Traditional Justice in Northern Uganda’, Refugee Law Project Working Paper, No. 17, July 2005, 15
Terracino, J. B., ‘National Implementation of ICC Crimes: Impact on National Jurisdiction and the ICC’, (2007) 5(2) JICJ 421, 423–4Google Scholar
United States of America v. Nicaragua (1986) or the International Criminal Tribunal for the former Yugoslavia (‘ICTY’) Appeals Judgment in Tadić, 1999, para. 100

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