Communicating Justice

The following interview was published in Ugandan newspaper Bukedde on May 26, 2008 and does not necessarily reflect the views of the BBC WST.

Transitional Justice reporter for the Ugandan newspaper Bukedde, Rogers Muyanja, caught up with the registrar of the International Criminal Court, Silvana Arbia, during her recent visit to Uganda. He asked her about the latest situation relating to the ICC’s investigations into war crimes and crimes against humanity, for which LRA leader Joseph Kony, and his top commanders have been indicted.

Qn: Kony has declined to finally put ink to paper in a move that would bring peace to Northern Uganda. Don’t you think the ICC’s refusal to withdraw the indictment is the reason for this?
Ans: Though the agreement would bring peace, ICC does not think lasting peace should be brokered this way where impunity is a relevant factor. The intention of the ICC is to deter such acts where people expect to rebel and commit crimes then go free because a peace agreement was signed.

Qn: Does this mean even when he had signed the agreement ICC would not have recognized it?
Ans: Our role is not to recognize agreements made between Governments and rebel leaders (like Kony). We are a judicial body that hears cases on crimes committed and pass a sentence accordingly, including freeing those that are found innocent.

Qn: Suppose the Traditional justice system sets Kony free?
Ans: The traditional justice system is quite significant, but it should not be confused with ICC. Because it is relevant to a specific community like Mato Oput for Acholi, it can’t apply to other communities that have been aggrieved. ICC involves all communities as well as countries it serves.

Qn: Kony is in hiding in the Democratic Republic of Congo or the Central African Republic. How are you going to arrest him?
Ans: We have talked to the Democratic Republic of Congo and they are acting accordingly. We have also asked other concerned parties who are as well involved.

Qn: What brings you to Uganda?
Ans: Our head offices (Head quarters) in Netherlands are so far from the people we serve. We have to move from country to country teaching people about ICC and why it’s important.

Qn: There some allegations that UPDF has been involved in criminal acts while in the North, not Kony or his LRA alone, what are you going to do about this?
Ans: When the Ugandan Government came to us, it refered the Northern matter, not a case. So it’s we who are to investigate it and all those found liable will be dealt with accordingly.