ICC sentences LRA leader, Dominic Ongwen to 25 Years
The International Criminal Court ICC, on Thursday, y imposed
a 25-year-sentence on Dominic Ongwen, a former leader of the Lord’s Resistance
Army (LRA).
The sentence marks an important milestone in the search for
justice for victims of the grave international crimes committed by this
notorious armed group in northern Uganda.
At the sentencing hearing, the court explained that it
weighed a number of considerations, including the breadth and gravity of the
crimes and Ongwen’s culpability, but also the fact he was abducted as a
child, forced to join the LRA, and lost
any opportunity to become a “valuable member of his community.” Ongwen – the
first LRA leader to be held accountable – had been found guilty of 61 war
crimes and crimes against humanity that included hundreds killed, child
victims, and sexual violence.
The personal circumstances Ongwen faced led the court to
reject a life sentence even though other aspects of the case would have made
such a sentence appropriate. One judge dissented, arguing for a higher sentence
of 30 years in prison.
The court made several other important determinations in the
case, rejecting defense arguments that
duress or diminished mental capacity were mitigating factors.
The court also rejected applying Ugandan traditional
reconciliation measures in lieu of imprisonment as sought by the defense. The
court stated the ICC would not have authority under its Rome Statute to impose
such a sentence, but also that the victim participants in the trial clearly
conveyed they opposed such an approach.
The next phase in this case will be hearings on reparations
for victims of the crimes, an important aspect of the ICC’s role in bringing
redress.
Today’s sentencing should not obscure a gaping hole in accountability for LRA crimes. Joseph Kony – the LRA’s founding leader and only remaining living ICC suspect for LRA crimes – remains a fugitive.
Kony has been operating in a disputed border area of Sudan and South Sudan as of mid-2020. The ICC – without its own police force – cannot ensure his apprehension. On behalf of the victims, governments in the region and beyond should recommit to working together, along with United Nations peacekeeping missions, to see that he too faces justice at last.
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