Dominic Ongwen was the alleged Brigade Commander of the Sinia Brigade of
the Lord's Resistance Army (LRA), a brutal rebel group that waged war
against the government of Uganda from the North of the country.
The rebels got him when he was 10 years old while on his way to school.
And when they snatched him, Ongwen was reportedly ‘too little to walk
long distances'. According to others taken at the same time, Ongwen was
"too small" to hike and was carried on the backs of older fighters for
several days as they travelled to their main military base.
When he reached the camp, he was ordered, like other children too young
to fight, to join the "home" of a senior commander. Under this lapwony
(teacher) and his "wives" (pubescent girls who have been abducted), he
would be indoctrinated in the rebels' complex and vicious ways.
The
rebels is notorious for widespread human rights violations, including
murder, abduction, mutilation, child-sex slavery, and forcing children
to participate in hostilities. These crimes form the bulk of war crimes
and crimes against humanity under the Rome Statute and the International
Justice System.
While in Captivity, Dominic Ongwen Y.Y
became known as Dominic Ongwen. He is due to stand trial at the
International Criminal Court for seven counts of war crimes and crimes
against humanity.
So, What Are The Major Events Of Uganda's Situation Before The ICC?
July 01st, 2002: International Criminal Court (ICC) an intergovernmental Organization and International Tribunal that sits in The Hague in the Netherlands, comes in to full force. The ICC has the jurisdiction to prosecute individuals for the International Crimes of genocide, crimes against humanity and war crimes.
The ICC is intended to complement existing national judicial systems
and it may therefore only exercise its jurisdiction when certain
conditions are met, such as when national courts are unwilling or unable
to prosecute criminals or when the United Nations Security Council or
individual states refer investigations to the Court. The ICC began
functioning on 1 July 2002, the date that the Rome Statute entered into
force.
The Rome Statute is a multilateral treaty
which serves as the ICC's foundational and governing document. States
which become party to the Rome Statute, for example by ratifying it,
become member states of the ICC. Currently, there are 123 states which
are party to the Rome Statute and therefore members of the ICC.
March 17, 1999: Uganda signed the Rome Statute and ratified it on June 14, 2002 becoming a State Party to the International Criminal Court.
December 16, 2003: The Government of Uganda referred the situation concerning northern Uganda to the Office of the Prosecutor.
July 29, 2004: the Prosecutor determined a reasonable basis to open an investigation into the situation concerning northern Uganda.
WARRANTS OF ARREST
May 6 – May 18, 2005:
the Prosecutor submitted the request for the warrants of arrest for
Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic
Ongwen after amending and supplementing the reasonable basis.
July 8, 2005:
Judges of Pre Trial Chamber II, Judge Tuiloma Neroni Slade (presiding),
Judge Mauro Politi and Judge Fatoumata Dembele Diarra issued warrants
of arrest under seal against the named individuals for the commission of
crimes against humanity and war crimes and requested the Republic of
Uganda to search for, arrest, detain and surrender to the Court, Joseph
Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen.
September 9, 2005: The Prosecutor submitted an “Application for Unsealing of Warrants of Arrest Issued on 8 July 2005” to Pre-
Trial Chamber II.
September 27, 2005:
Pre-Trial Chamber II requested the Democratic Republic of the Congo
(DRC) to search for, arrest, detain and surrender to the Court, Joseph
Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Do minic Ongwen.
October 13, 2005:
Pre-Trial Chamber II decided to unseal the warrants of arrest for
Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic
Ongwen.
August 12, 2006:
Prosecutor Presented DNA Forensic Evidence that proved that Raska
Luwkiya had been killed in battle with the Uganda People's Defense
Forces (UPDF).
August 26, 2006:
The Ugandan government and the LRA signed a truce in Juba after series
of peace talks meetings mediated by Riek Machar, South Sudan Vice
President. Under the terms of the agreement, LRA forces would leave
Uganda and gather in two assembly areas in the remote Garamba National Park area of northern Democratic Republic of Congo, with Uganda Government agreeing not to attack.
June 29, 2007:
The "Agreement on Accountability and Reconciliation Between the
Government of the Republic of Uganda and the Lord's Resistance
Army/Movement," was signed. It envisaged, inter alia, the establishment
of national legal arrangements for ensuring justice, reconciliation and
the accountability of individuals alleged to have committed serious
crimes or human rights violations in the course of the northern and
north - eastern Uganda conflict.
July 11, 2007:
The proceedings against Raska Lukwiya, for whom a warrant of arrest was
issued on 8 July 2008, were terminated following his death in battle
with Uganda People's Defense Forces (UPDF). According to the decision,
the warrant of arrest is rendered without effect therefore the name of
Raska Lukwiya was removed from the case.
19 February 2008:
Government of Uganda and the Lord's Resistance Army signs the "Annexure
to the Agreement on Accountability and Reconciliation” providing for
the establishment of a special division of the High Court of the
Republic of Uganda, entrusted with the task of "trying individuals who
are alleged to have committed serious crimes during the conflict" in
Uganda in Juba Peace Talks.
February 29, 2008: Pre-Trial
Chamber II requested the Government of the Republic of Uganda to
provide information on the implications of the following two documents
on the execution of the warrants of arrest, namely (a) the "Agreement on
Accountability and Reconciliation Between the Government of the
Republic of Uganda and the Lord's Resistance Army/Movement," signed on
29 June 2007 and (b) the "Annexure to the Agreement on Accountability
and Reconciliation” providing for the establishment of a special
division of the High Court of the Republic of Uganda, entrusted with the
task of "trying individuals who are alleged to have committed serious
crimes during the conflict" signed on 19 February 2008 Between the
Government of Uganda and the Lord's Resistance Army in Juba Peace Talks.
March 27, 2008:
The Government of Uganda sent its response in which it explained that
"the establishment of the special division of the High Court and the
enactment of the relevant legislation shall take place after the signing
of the final peace agreement with the Lord's Resistance Army/Movement.
With respect to the impact of these developments on the execution of the
arrest warrants, the Government of Uganda stated that the special
division of the High Court is not meant to supplant the work of the
International Criminal Court.”
June 18, 2008:
Pre-Trial Chamber II requested further information from the Republic of
Uganda, after the reported failure to sign the final peace agreement by
the respective parties. In particular, the Chamber requested
information as to the steps undertaken by the Republic of Uganda with a
view to executing the warrants of arrest.
July 9, 2008:
The Republic of Uganda responded that the comprehensive peace agreement
was indeed not signed; that the Republic of Uganda remained committed
to executing the warrants of arrest; and that the Government of Uganda
continues to spare no effort in its attempt to secure the cooperation of
the DR Congo (DRC) in order to trace the LRA in the Garamba National
Park, which is on the DRC territory.
PROCEEDINGS REGARDING THE ADMISSIBILITY OF THE CASE.
October 21, 2008:
Pre-Trial Chamber II decided to initiate proceedings under article
19(1) of the Rome Statute with a view to determine whether the Court
could still investigate and prosecute the case against Joseph Kony,
Vincent Otti, Okot Odhiambo and Dominic Ongwen. In the same decision,
Pre-Trial Chamber II appointed a Counsel for the Defence for the purpose
of these proceedings and also invited the Prosecutor, the Counsel for
the Defence, the Government of Uganda and victims, to submit their
observations on the admissibility of the case.
18 November 2008:
Pre-Trial Chamber II received and determined submissions of the
Prosecution, the Counsel for the Defence, the Government of Uganda and
the Office of Public Counsel for Victims on the admissibility of the
case.
March 10, 2009:
Based on submissions of the Prosecution, the Counsel for the Defence,
the Government of Uganda and the Office of Public Counsel for Victims on
the admissibility of the case on November 18, Pre-Trial Chamber II
determined that “at this stage the case is admissible under article 17
of the Statute”.
March 16, 2009:
The Counsel for the Defence lodged an appeal against Pre-Trial Chamber
II's "Decision on the admissibility of the case under article 19(1) of
the Statute of 10 March 2009.”
September 16, 2009: the Appeals Chamber rendered its decision confirming the decision previously taken by Pre-Trial Chamber II.
December 2008 - March 2009:
Tthe armed forces of Uganda, the DR Congo and South Sudan launched
aerial attacks and raids on the LRA camps in Garamba, destroying them,
but the efforts to inflict a final military defeat on the LRA were not
fully successful.
SURRENDER AND TRANSFER OF DOMINIC ONGWEN TO ICC.
January 16, 2015: Dominic Ongwen was surrendered to the ICC's Custody and transferred to the ICC Detention Centre in The Hague (Netherlands).
January 21, 2015: His initial appearance before the single Judge of Pre-Trial Chamber II, Judge Ekaterina Trendafilova, announced.
January 26, 2015:
The hearing was held in the presence of the Prosecutor and the Defense.
Dominic Ongwen was represented by his Duty Counsel, Hélène Cisse. The
Single Judge verified the identity of the suspect, and ensured that he
was clearly informed of the charges brought against him and of his
rights under the Rome Statute of the ICC in a language he fully
understands and speaks, Ongwen's native Acholi.
The opening of
the confirmation of charges hearing in respect of Dominic Ongwen is
provisionally set for 24 August 2015, a preliminary step to decide
whether the case will be referred to a trial or not.
PARTICIPATION OF VICTIMS.
Pre-Trial Chamber II has granted 41 persons the status of victim
authorised to participate in the case of The Prosecutor v. Joseph Kony,
Vincent Otti, Okot Odhiambo and Dominic Ongwen.
Note: The
information contained in this compilation were gathered from various ICC
OFFICIAL documents and are considered to be correct.
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