Ongwen ICC trial: What to expect at opening session

Dominic Ongwen (standing) appears before the International Criminal Court in The Hague, The Netherlands, last year. PHOTO BY AFP.

What you need to know:

  • The alleged crimes are in connection with the attacks he commanded while he was the commander of LRA Sinia Brigade on various internally displaced people’s camps, including Pajule, Odek, Lukodi and Abok, leaving hundreds dead.
  • After the prosecution has presented its case, the defence will be given an opportunity to make their case for Ongwen aimed at punching holes into the prosecution’s case and weaken it.

Kampala- The International Criminal Court (ICC) will on Tuesday commence the hearing of the case in which former Lord Resistance Army (LRA) commander Dominic Ongwen, is battling 70 charges over the two-decade insurgency in northern Uganda, making him the first Ugandan to be tried before the international court.

Ongwen, who has been before the Hague-based court for more than a year, is facing charges of war crimes and crimes against humanity.

On December 6, the prosecution is expected to make its opening statements, brief the three-panel member of judges what the case is all about, who is involved, the charges that Ongwen is facing among other details.

In this opening session, the prosecution will, however, not present any witnesses, evidence and experts.

The defence team representing Ongwen led by Ugandan lawyer Krispus Odongo Ayena, will in turn also make their opening statements.

Period
This opening session is expected to last about three to four days. Then there will be a break for some time until January 2017 when the prosecution will then present its witnesses, other pieces of evidence and experts in a bid to prove its case.
The defence may question this evidence and examine witnesses and experts.

After the prosecution has presented its case, the defence will be given an opportunity to make their case for Ongwen aimed at punching holes into the prosecution’s case and weaken it.

The former LRA commander’s trial is to be heard by a panel of three judges including Mr Bertram Schmitt (presiding judge), Mr Peter Kovacs and Mr Raul C Pangalangan.

At the end of the trial, should the international court render a guilty verdict against Ongwen, the maximum sentence that can be handed to him is 30 years. However, in extreme circumstances, the judges may impose a life imprisonment but there is no provision for a death sentence.

The judges may also render a decision on reparations for victims.

There are 4,113 victims expected to participate in this grand trial, according to an official of the ICC-Uganda out reach.

As part of the build up to this grand trial, a number of activities are currently ongoing, including training of local journalists for effective reporting by Ms Maria Mabinty Kamara, the ICC outreach coordinator for Kenya and Uganda.

In March, the court, after conducting a pre-trial session, confirmed all the 70 charges that Ongwen is facing.

The alleged crimes are in connection with the attacks he commanded while he was the commander of LRA Sinia Brigade on various internally displaced people’s camps, including Pajule, Odek, Lukodi and Abok, leaving hundreds dead.

Ongwen is also accused of sexual and gender-based crimes directly and indirectly committed by him and crimes of conscription and use of children under the age of 15 as combatants.

The former LRA warlord allegedly committed these crimes between July 2002 and December 2005. He denies committing the crimes.