Dear all,
Please find below information about recent developments related to the International Criminal Court's (ICC) investigation in Uganda.
This message includes the latest statements from the ICC (I) and members of the Coalition for the International Criminal Court (II), as well as recent news and opinions (III).
Please take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the CICC will not take a position on potential and current situations before the Court or situations under analysis. The Coalition, however, will continue to provide the most up-to-date information about the ICC.
With regards,
CICC Secretariat
www.coalitionfortheicc.org
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I. ICC PRESS RELEASES
1. "The ICC organizes a regional academic seminar in Kampala, Uganda with the participation of Ugandan and Kenyan professors", 11 July 2011, http://www.icc-cpi.int/menus/icc/press and media/press releases/news and highlights/pr695?lan=en-GB
"From 4 to 8 July 2011, eleven University lecturers and professors from Kenya and Uganda participated in a seminar on the International Criminal Court (ICC) and International Criminal Law organised by the ICC in Kampala, Uganda. As part of the academic programme, conducted in accordance with the ICC Information Strategy, the seminar's main objective was to encourage and involve universities in the countries where the ICC is conducting investigations to design and incorporate in-depth and specialised courses on international law and the ICC into their syllabuses.
The seminar, which follows a first event organised in Kinshasa (Democratic Republic of the Congo) in June 2011, was also held in cooperation with the Université Paul-Cézanne Aix-Marseille III and with the financial assistance of the European Union. Working sessions and roundtable discussions were facilitated by Professor Xavier Philippe, professor of International Criminal Law at Université Paul-Cézanne.
"The seminar has been an eye-opener to all of us. It will lead to increased visibility and quality teaching of both International Criminal Law and subjects related to the International Criminal Court as University course units," one of the lecturers participating in the seminar, Dr Ronald Kakungulu-Mayambala, of Makerere University School of Law in Kampala, explained. His colleague from Africa Nazarene University in Nairobi, Ms Evelyne Asaala, stated that the seminar allowed for "a critical analysis of the subject as well as experience sharing among the lecturers from different contexts."
Information on the ICC's academic programme and on the seminars, together with teaching materials and tools developed under the programme, will be soon available to the general public in French and English on a tailored academic portal linked to the ICC's website."
2. "The ICC and its partners in Uganda conclude a series of activities in Gulu district marking International Criminal Justice Day", ICC Press Release, ICC-CPI-20110720-PR702, http://www.icc-cpi.int/NR/exeres/2FC2719D-50C2-4146-8A30-1A69D24F60AB.htm
"From 12 to17 July, the International Criminal Court (ICC), in partnership with Avocats Sans Frontières (ASF), Justice and Reconciliation Project (JRP), the Uganda Coalition on the International Criminal Court (UCICC) and International Center for Transitional Justice (ICTJ) held a series of activities leading up to International Criminal Justice Day. This day, which commemorates the adoption of the Rome Statute, the ICC's founding treaty, is an opportunity for all those committed to the fight against impunity to voice their support for this emerging system of international justice.
The day was celebrated in the northern Uganda district of Gulu, Acholi sub-region, in solidarity with communities that were most affected by the 20 year Lord's Resistance Army (LRA) insurgency through a number of public events.
Stakeholders participated in a community dialogue with the theme: "The Evolution of the International Criminal Justice, a nexus between the International Criminal Court and the International Crimes Division of the High Court of Uganda". This session, held in Gulu on 12 July, brought together over one hundred participants including local and international NGOs, community leaders, women's groups, persons with disabilities, researchers, the media, teachers and development partners. The subsequent presentations and discussions helped to clarify the distinct roles of the ICC and those of the International Crimes Division of the High Court of Uganda, underscoring that both institutions were created with a determination to end impunity. Discussants further stressed the need for continued support of both institutions in light of the complementary nature of their work.
Outreach staff participated in several live radio programmes both in Kampala and in Gulu to inform various audiences about the significant strides the ICC has made over the past thirteen years in addressing impunity.
A marching procession led by a brass band was one of the highlights of the commemoration. The event, held on 17 July, was attended by civil society organisations that are working with affected communities, representatives from victims communities of Lukodi, Pagak and Tingkidi; local and international NGOs, students, teachers, local and religious leaders and the media.
In her keynote address to an audience of hundreds, Madam Emilia Kinyera, Resident District Commission of Gulu, remarked that "justice should take its cause where crimes have been committed irrespective of who may have committed them". She further noted that "justice requires that the suffering of victims is effectively and meaningfully redressed" through reparation, compensation and rehabilitation as a way of restoring what the victim had lost.
ICC Outreach school club members enacted a role play that presented key parties and participants present at a real ICC hearing. The role play emphasised the protection of witnesses and victims, legal representation for the accused person and victims and other fair trial rights. ..."
II. COALITION MEMBERS' MEDIA STATEMENTS
1. "INTERNATIONAL JUSTICE DAY- 17 JULY 2011: WORLD CELEBRATES 13TH ANNIVERSARY OF A GLOBAL SYSTEM TO END IMPUNITY: On IJD, Uganda Coalition on the International Criminal Court (UCICC) reaffirms its stance with the rest of the world - "All together... determined to end impunity"", Uganda Coalition for the ICC, 15 July 2011, http://www.coalitionfortheicc.org/documents/UCICC_statement_-_IJD.pdf
"Uganda Coalition for the ICC joins the world on the 17th July 2011 to commemorate the day of international justice. Reflection on this historic date of the adoption of the Rome Statute - the founding treaty of the ICC, is a great moment. When 120 states at a plenary session in Rome Italy on the -17th July 1998 voted in favour of the adoption the Rome Statute of the International Criminal Court; A permanent independent International Criminal Court with jurisdiction to try crimes of international concern i.e. the crime of Genocide, crimes against humanity, War crimes and the crime of aggression.
This year's theme "All together... determined to end impunity" echoes as a reminder for critical needs by States to commit to justice by exhibiting continued support for the Rome Statute system. This aspect remains critical considering the continued violations of human rights committed with impunity.
To date, six situations are currently before the ICC; Uganda, Democratic Republic of Congo, Central African Republic, the Republic of Sudan, the Republic of Kenya and Libyan Arab Jamahiriya; the latter being the most recent to come under the ICC's jurisdiction) and a number of other situations under analysis.
All these situations being in Africa, it is of specific importance that the African Union (AU) in recalling the Constitutive Act provision on respect for human rights, condemnation and rejection of impunity, should ensure that not only is there unequivocal support for the Court but ensure that there is support from Individual African states through executing arrest warrants for persons wanted by the ICC. This follows a stance recently exhibited by a majority of the Africa Leaders in Equatorial Guinea during the 17th Ordinary Session of the Assembly of AU, who openly showed disregard for the arrest warrants issued by the ICC in pursuit of the arrest of Muammar Gaddafi and two others.
In Uganda, the visibility and impact of the ICC and the pursuit of justice for international crimes is tremendous. Uganda's complementarity efforts practically begun to be witnessed on the 11th July 2011- an accountability process for the victims of Northern Uganda through the trials of the first war crimes suspect - Thomas Kwoyelo a former LRA commander before the International Crimes Division of the High Court of Uganda. Kwoyelo is accused of committing heinous crimes against the people of Northern Uganda.
The UCICC applauds the Judiciary and other stakeholders for efforts in ensuring justice for all by commencing the war crimes trials. This effort is specifically tremendous as it contributes to the global effort to end impunity. We urge the various players in the process to ensure that; There is an expeditious trial with due process and observance of international standards in the whole process of this trial among others, victim and witness protection and standards of detention of the accused.
On this note, as we join the whole world in commemorating International Justice Day, we call for continued support and determination to end of impunity. ..."
2. "Uganda: First Domestic War Crimes Trial to Open" Media Advisory, Human Rights Watch, 7 July 2011,
http://www.hrw.org
"... The first war crimes trial before Uganda's International Crimes Division (ICD) will open on July 11, 2011, in Gulu, northern Uganda. The trial is of Thomas Kwoyelo who is charged with grave breaches of the Geneva Conventions under the Ugandan Geneva Conventions Act. Kwoyelo is a former combatant with the Lord's Resistance Army, a force that has been engaged in a two-decade-long conflict with the Ugandan government. The conflict has been characterized by extensive violations of human rights committed by both sides.
"Domestic war crimes prosecutions are essential to ensuring perpetrators of serious crimes committed during the conflict in northern Uganda do not escape justice," said Elise Keppler, senior international justice counsel at Human Rights Watch. "But trials must be fair and credible, and witnesses need adequate protection. This first trial before the International Crimes Division will test whether these standards are being met."
Crimes in northern Uganda are also the subject of investigation and prosecution by the International Criminal Court (ICC). The ICC has not pursued a case against Kwoyelo."
SEE ALSO:
3. "Update on the trial of Thomas Kwoyelo, former LRA combatant" Human Rights Watch, 12 July 2011, http://www.hrw.org/en/news/2011/07/12/update-trial-thomas-kwoyelo-former-lra-combatant
4. "Uganda: Q&A on the trial of Thomas Kwoyelo" Human Rights Watch, 7 July 2011, http://www.hrw.org/en/news/2011/07/07/uganda-qa-trial-thomas-kwoyelo
5. UCICC / ASF-U/ ICTJ/ JRP/ ICC / HURINET-U, "Joint stakeholders' dialogue on the evolution of International Criminal Justice", Activity Summary, 12 July 2011, http://www.coalitionfortheicc.org/documents/Brief_on_stakeholders\_dialogue_on_Internatioal_criminal_justice_UCICC.pdf
III. NEWS AND OPINIONS
1. "Uganda; Leaders Criticise ICC Laws", AllAfrica, 15 July 2011, http://allafrica.com/stories/201107150107.html
2. "Ugandan International Crimes Division Court Tries LRA Commander Thomas Kwoyelo" by Arielle Schneck, Citizens for Global Solutions, 11 July 2011
http://globalsolutions.org/blog/2011/07/ugandan-international-crimes-division-court-tries-lra-commander-thomas-kwoyelo
3. "Kwoyelo trial combats impunity but imposes justice" by Eden Ekohl, The Daily Monitor, 14 July 2011
http://www.monitor.co.ug/OpEd/Commentary/-/689364/1200598/-/12tdv1sz/-/
4. "Uganda's Controversial First War Crimes Trial: Thomas Kwoyelo" by Mark Kersten, Justice in Conflict, 12 July 2011, http://justiceinconflict.org/2011/07/12/ugandas-controversial-first-war-crimes-trial-thomas-kwoyelo/#more-1033
5. "Questions Raised Over Landmark Ugandan Trial" by Barrett Holmes Pitner, Simon Jennings, Irene Achan, Arthur Okot, IWPR, 11 July 2011, http://iwpr.net/report-news/questions-raised-over-landmark-ugandan-trial
6. "War crimes trial starts for Uganda rebel commander" The Associated Press, 11 July 2011, http://www.newsday.com/news/nation/war-crimes-trial-starts-for-uganda-rebel-commander-1.3017609
7. "War crimes court ready for LRA's Kwoyelo" by Siraje Lubwama, The Observer, 3 July 2011, http://www.observer.ug/index.php?option=com_content&task=view&id=14123&Itemid=59
8. "Uganda: Court Seeks Witnesses in Case Against LRA Officer" by David Livingstone Okumu, The Monitor (Kampala), 1 July 2011, http://allafrica.com/stories/201107010724.html
9. "Dungu - LRA incursions worry humanitarians" AllAfrica, 18 July 2011, http://fr.allafrica.com/stories/201107182127.html [French]
10. "DRC and Uganda report progress against in fight LRA rebels" VOA News - 18 July 2011
http://www.voanews.com/french/news/uganda-and-drc-reports-progress-in-fighting-lra-rebels-125774103.html [French]
11. "France for a regional African action against Ugandan LRA rebels", Pana, 14 July 2011, http://www.afriquejet.com/afrique-de-l'est/ouganda/la-france-pour-une-action-regionale-africaine-contre-les-rebelles-ougandais-de-la-lra-2011071418209.html [French]
12. "ICC to train universities on law" by Milton Olupot, New Vision, 6 July 2011
http://www.newvision.co.ug/D/8/19/759568
13. "LRA rebels killed 26 in DR Congo in June: UN" Africa- Asia, 6 July 2011
http://www.africasia.com/services/news_africa/article.php?ID=CNG.b304a01c7b5fffdb6aca33343b22da18.241
14. "Why the ICC should Think Twice before Investigating Conflicts with Roots Before 2000" by Mark Kersten, Justice in Conflict, 5 July 2011
http://justiceinconflict.org/2011/07/05/why-the-icc-should-think-twice-before-investigating-conflicts-with-roots-before-2002/
15. "LRA No Longer A Threat To Uganda, Says Minister" by R.Ravichandran, Bernama, 21 June 2011, http://www.bernama.com.my/bernama/v5/newsindex.php?id=595541
16. "Lord's Resistance Army: non-identified warship object" by Franck Petit, Slate Afrique, 17 June 2011, http://www.slateafrique.com/2649/armee-de-resistance-du-seigneur-objet-guerrier-mal-identifie [French]
17. "Why Uganda is Our Best Chance to get to the Bottom of the Peace-Justice Debate" IJ Central, 15 June 2011, http://ijcentral.org/blog/why_uganda_is_our_best_chance_to_get_to_the_bottom_of_the_peace-justice_deb/
18. "Why the LRA is still active and goes unpunished" Fondation Hirondelle, 10 June 2011, http://www.hirondellenews.com/content/view/14460/564/
19. "US under scrutiny for failing to end LRA menace" by Fred Oluoch and Julius Barigaba, IJ Central, 7 June 2011, http://ijcentral.org/news/us_under_scrutiny_for_failing_to_end_lra_menace/
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CICC's policy on the referral and prosecution of situations before the ICC:
The Coalition for the ICC is not an organ of the court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to-date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts. Communications to the ICC can be sent to: ICC P.O. box 19519 2500 CM the Hague, the Netherlands