On September 18, the trial of Dominic Ongwen resumed at the ICC. In their opening statement Ongwen’s lawyers argued that the defendant was abducted as a child, grew up in a context of extreme brutality under the coercive control of Lord’s Resistance Army Commander Joseph Kony and was deprived of his ability to make moral choices and independent decisions. Ongwen is on trial for 70 counts of war crimes and crimes against humanity – including various forms of sexual violence and the recruitment of child soldiers – committed in the former IDP camps of Lukodi, Odek, Abok, and Pajule during the 20-year insurgency in Northern Uganda.
Ongwen is the first former child soldier who is facing trial at the ICC for crimes in which he was also a victim. Because he bears the complex dual identity of victim- perpetrator, the Court is faced with the daunting task of resolving the question of when Ongwen’s victimhood ceased and when he transcended to the status of perpetrator.
As these complex issues are deliberated in The Hague, Ugandan victims and their communities are noting with interest Ongwen’s detention conditions and entitlements. The ICC detention facility provides humane and civilized detention facilities that seek to meet the highest international standards. This is in accordance with Article 64(2) of the Rome Statute which requires the court to “ensure that a trial is fair and expeditious and is conducted with full respect for the rights of the accused and due regard for the protection of victims and witnesses.”
Ongwen recently informed cultural leaders that visited him that he is treated well, has had several family visits (paid for by the Court), and has acquired skills including reading and writing in English – opportunities that he lost as a child in the conflict.
In stark contrast, most victims of the grave crimes allegedly committed by Dominic Ongwen and the LRA are yet to receive any form of support to help them recover and heal from the physical and psychological harms they endured during the conflict Whereas the Trust Fund for Victims has supported several victim assistance programs in Northern Uganda, this is just a drop in the ocean. Considering the staggering number of victims, the extent of harms and the enduring consequences of the violations, these efforts should be complemented by impactful accountability processes at the national level.
The Rome Statute has been hailed for its increased recognition of victims’ rights and for shifting the traditional focus of criminal proceedings from punishing perpetrators to also addressing the consequences of crimes and helping victims rebuild their lives. However, more needs to be done to incorporate the interests of victims into criminal proceedings and to meaningfully address their justice needs. Because of the limitations of trials, state parties must always aim for a careful balance between the fair trial rights of an accused person and victims’ right to truth, justice and reparations.
PHOTO: A view of the ICC premises (UN Photo/Rick Bajornas, 19 April 2016, The Hague, Netherlands).
