Teso LRA victims seek to participate in Kony's ICC trial

Former victims of the Lord's Resistance Army (LRA) in Teso Sub-region, eastern Uganda, have asked the International Criminal Court (ICC) to allow them to participate in the prosecution of the rebel group’s leader, Joseph Kony.

The victims urged the ICC to involve survivors as witnesses to provide evidence against Kony.

The request comes at a time when officers from the Office of the Chief Prosecutor at the ICC are conducting a fact-finding mission in Teso and northern Uganda to gather evidence regarding the suspect’s alleged involvement in atrocities committed in these regions.

Ms Doreen Itola, the coordinator of Lwala Girls Abducted Survivors Association (LWAGASA), said many victims were excluded from the reparations programme in Dominic Ongwen's case because the court failed to involve them, leading to challenges in obtaining concrete evidence that could have strengthened the prosecution's case. Ongwen is a former senior commander in the LRA rebel group.

“In the past, during the Dominic Ongwen case, they said there was no sufficient evidence in Teso and we missed out on the reparation process,” she said during an interview last Thursday.

She added: “Now that ICC is confirming the charges against Joseph Kony in his absentia, there’s need to consult widely and reach out to even our friends, the former abductees in remote areas to get valid information that can help in the prosecution process of the rebel leader.” 

Ms Winny Adongo, a member of LWAGASA, said there is need for the court to ensure that credible witnesses are selected to testify in court cases, rather than relying on politicians who were not directly affected by the events. 

Speaking at a stakeholders’ meeting on Thursday last week, Mr Dahirou Sant-Anna, the ICC's International Cooperation Adviser, explained that all procedural steps in Kony’s case have been exhausted. The only remaining option is to proceed with a trial in absentia. 

“As provided in the statute of the court, Joseph Kony has been evading justice and we have tried everything possible to bring him before the court and haven’t been successful and he needs to be informed of the charges against him,” he said. 

Citing a 2005 BBC report, he added that multiple sources indicate the suspect is fully aware that he is wanted by the court.

Ms Leonie von Braun, the lead counsel representing Kony at ICC, said confirming charges in absentia is a necessary step toward a trial. A full trial will proceed once Kony is arrested or surrenders.

She said a significant number of statements from victims and witnesses, some of whom were once part of the LRA, form the foundation of the indictment against him. 

“My perspective on this case is naturally from reading and taking legal approach on this matter. I spent the last year reading the evidence on this large case and I am here to hear your approach and anything that will help me to improve how I work to bring Justice in this particular case,” Ms Brown said. 

“We focus on areas we have the best evidence and we took a decision that we will charge him for seven attacks on IDP (Internally Displaced People) camps, sexual crimes, abduction of more than 100 girls from Lwala Girls Secondary School in Kaberamaido District, they will focus on systematic charges in which they consistently abducted people including children below 15 years,” she added. 

Mr Moses Attan Okia, a human rights activist and former Soroti City MP, said confirming charges against the suspect will help the prosecution team identify potential witnesses to testify in court.

Background 

In February, the International Criminal Court (ICC) has ordered that €52.4m (Shs223.7b) be paid to direct and indirect victims of atrocities committed by jailed former LRA rebel commander Dominic Ongwen.