The Hague/New York, 21 January, 2015
PGA welcomes the transfer of Dominic Ongwen, a senior commander in the rebel movement, Lord’s Resistance Army (LRA), and deputy commander to LRA chief, Joseph Kony, to the International Criminal Court (ICC), following his surrender in Central African Republic earlier this month. Mr. Ongwen is said to have arrived today to The Hague and is currently held in custody at the ICC detention center.
Following the referral in 2004 by Uganda of the situation in its territory, the ICC issued an arrest warrant against Mr Ongwen in 2005 including three counts of crimes against humanity (murder, enslavement, inhumane acts of inflicting serious bodily injury and suffering) and, four counts of war crimes (murder; cruel treatment of civilians; intentionally directing an attack against a civilian population and pillaging).
Mr. Ongwen was abducted by the LRA when he was fourteen years old and became an LRA fighter, a child soldier. This unforeseen situation before the ICC should be carefully taken into consideration by the judges when he will appear before them. A trial date will soon be scheduled and he shall, like any accused before the ICC, benefit of the right to a fair trial.
Among the first individuals to be subject of an arrest warrant for war crimes and crimes against humanity by the ICC, this a significant development for international criminal justice: it sends a clear and unequivocal message that the global action for the fight against impunity shows results. Most importantly it should bring hope of justice and sustainable peace for victims in Uganda and in the entire world.
PGA had already welcomed his self-surrender earlier this month, calling for his prompt transfer to The Hague. PGA is pleased to see that after the talks between Uganda, the US and CAR he was finally transferred.
On 31 March 2014, Hon. Stephen Tashobya, MP, Chair PGA Uganda National Group and on behalf of the National Group, made a statement praising the AU-led operations to pursue the LRA and calling for the arrest -not the execution or killing- of LRA leaders who should be brought to justice before the ICC or the Competent National Courts. In particular, he stated:
“While we, therefore, strongly applaud and support the increase in military assistance from the US government and the regional forces in the pursuit of these fugitives, and recognize the very difficult circumstances in which they are fulfilling their mandate, we nevertheless wish to remind these forces of the imperative need for perpetrators to be brought to justice – a course of action which can only be achieved when the suspects are captured alive. We urge, consequently, that all reasonable efforts be made during the military operations to arrest and subsequently surrender any and all ICC indictees to the ICC for trial. PGA members also encourage all adequate and targeted initiatives that can be taken by other States, organization or relevant stakeholders to bring about the arrest and surrender to the Court of any person wanted by it and present in their territories, such as the leaders of the Lord’s Resistance Army.”
Click here to see ICC Prosecutor’s official statement following the surrender and transfer of Dominic Ongwen.