Ex-LRA commander Ongwen May face massacre survivors in Gulu

GULU.

The International Criminal Court (ICC) has said former Lord’s Resistance Army (LRA) senior commander Dominic Ongwen may be flown into the country later this year to face survivors of the Lukodi massacre in Gulu District as part of his pre-trial proceedings.

Article 3(3) of the Rome Statute, which established ICC, allows the court to sit anywhere it considers desirable to hear a case or cases before it.

The court representatives say the arrangement will enable the affected communities to follow the trial, understand the importance of justice, promote accountability as well as psych-social healing.

Mr Ongwen, who surrendered early this year in Central African Republic (CAR), appeared at the ICC pre-trial chamber before Judge Ekaterina Trendafilova in January this year on seven counts of war crimes and crimes against humanity.

Mr Ongwen was among the five top LRA commanders indicted by the ICC in 2005 for the killings of 54 civilians in Lukodi Internally Displaced People’s camp in Bungatira Sub-county in Gulu District in April, 2004.

On 29 June, the Pre-Trial Chamber of the ICC notified the prosecution and defence that it was considering the possibility of holding the hearing on the confirmation of charges against Dominic Ongwen in Uganda, and ordered them to provide their views by 13 July 2015, and the Registry to provide an assessment by 27 July 2015

Ms Maria Kamara Mabinty, the ICC’s outreach coordinator in-charge of Uganda and Kenya, told journalists in Gulu on Thursday that Ongwen’s trial may be moved nearer to the affected communities.

She revealed that the ICC chief prosecutor, Ms Fatou Bensouda made a submission in support of holding proceedings in Gulu, or alternatively in Kampala. The Defence of Mr. Ongwen also submitted that the hearing should be held in Gulu, and only if deemed impossible, and as a last resort, should the hearing be held in Kampala.

“As provided for in Article 3 of the Rome Statue, a suspect can be moved nearer to where crimes have been committed to ease accessibility for those who have been affected,” said Ms Kamara.

As a next step, the Registry will provide its assessment to the Chamber by 27 July to make a determination of the matter. No decision has been taken.

Recently, Mr Phakiso Mochochoko, the head of Jurisdiction, Complementarity and Cooperation Division (JCCD), told journalists in Gulu Town that the ICC is looking into other cases where Ongwen is believed to have participated while he was still an active rebel in the bush.

Reactions

Ms Doreen Abalo, 56, who lost her husband and six other relatives in the Lukodi massacre, told Saturday Monitor that seeing Mr Ongwen being tried on the ground could give her relief.

“I am still nursing pain after the gruesome killing of my husband. Bringing him here (Lukodi), would make a good move by ICC to accord us justice,” said Ms Abalo.

Another survivor, Mr Nelson Oloya, however, said seeing the suspect being tried where he allegedly committed the crime brings back the sad memories.

Recently, Trial Chamber VI recommended that the ICC opens its trial against former M23 rebel warlord Bosco Ntaganda locally in the Democratic Republic of Congo although the process is still pending.
Mr Ongwen is expected to reappear before court at The Hague in Netherlands in January 2016.