ICC registrar in Uganda, gives update on Kony, Ongwen cases
International Criminal Court (ICC) Registrar, Mr Osvaldo Zavala Giler during a media briefing about cases against the top commanders of the rebel outfit, the Lord’s Resistance Army (LRA), Joseph Kony, and Thomas Kwoyelo, in Kampala on May 14, 2024. Photo | Abubaker Lubowa
What you need to know:
- On reparations, Mr Osvaldo said they have already commenced the process as directed by the court earlier this year to compensate the Kwoyelo war victims.
The Registrar of the International Criminal Court (ICC), Mr Osvaldo Zavala Giler is in the country for the first time ever since his appointment last year to give an update on the two cases before the court.
The cases are against the top commanders of the rebel outfit, the Lord’s Resistance Army (LRA), Joseph Kony, and Dominic Ongwen.
On reparations, Mr Osvaldo said they have already commenced the process as directed by the court earlier this year to compensate the Ongwen war victims.
He added that even though there is an appeal by Ongwen’s defence lawyers to halt the ongoing reparations process, they will continue with it.
"The Trust Fund for Victims is conducting extensive stakeholders’ consultations within the case location with local leaders, civil society and donor community among others. However, the reparation order is not final. On April 22, 2024, the defence for Ongwen filed its notice for appeal, asking the Appeals Chamber to suspend the implementation until judgment on appeal is issued," Mr Osvaldo said on Tuesday.
He added: "The Appeal Chamber may uphold or amend the reparations orders but what is important to be reminded about is that the appeal process can be lengthy and at this moment, we can't tell when the Appeal Chamber will make its ruling. Since there is no decision from the Appeals Chamber, all administration procedures as provided for in the reparations orders, are underway. So we are already implementing the reparations orders unless instructed otherwise by the Appeal Chamber."
In February this year, the ICC awarded 49,772 victims of the Ongwen war € 52.429 million, approximately Shs223.7b for rehabilitation purposes.
Since Ongwen does not have financial muscle, the compensation award will be footed jointly by the Trust Fund and its partners.
The reparation order also granted a symbolic award of €750 EUR (approximately Shs3.1m) to each of the identified 49,772 victims and a separate € 1 million (about Shs4.2b) in compensation for specific reconciliation ceremonies previously held.
Ongwen is currently serving his 25-year jail term in Norway after being found guilty of his role in committing atrocities in northern Uganda.
On the Kony case, the registrar said they are currently receiving applications from suitable lawyers, from whom they will hire one to give legal representation to Kony when his matter comes up in October for a confirmation hearing.
"ICC continues to seek the cooperation of all relevant authorities and have Kony arrested and bring him to the court. Following the prosecution's request to the Pre-Trial Chamber, it issued a decision to hold confirmation hearing charges against Kony in his absence should he not appear," he said.
He added: "In the decision, the Chamber determined that Kony qualified as a person who cannot be found within the interpretation of Article 61 (2)b of the Rome Statute, hence this cause to hold confirmation charges in his absence."
The registrar was swift to clarify that should the court conduct the confirmation charges in Kony's absence, a full trial cannot be commenced without his physical appearance in court.
The ICC arrest warrant against Kony, the founder and leader of the LRA, was issued in 2005 for 33 counts of war crimes and crimes against humanity. The allegations against him include murder, cruel treatment, enslavement, rape, and attacks against the civilian population during his two-decade rebellion in northern Uganda.
However, this arrest warrant remains unexecuted to date. Kony has sought to evade judicial proceedings at the ICC for close to 20 years despite continuing efforts by the court.
