ICC in Uganda and Congo, a report from Citizens for Global Solutions

In Uncharted Waters: Seeking Justice Before the Atrocities Have Stopped.

From the executive summary:

Uganda and the Democratic Republic of the Congo (DRC), two countries blessed with vibrant societies and abundant natural wealth, have nevertheless been wracked by long and brutal conflicts. The wars in northern Uganda and the Ituri district of the DRC have primarily targeted civilians through the routine and systematic practice of rape, mass murder, mutilation, forced labor and the use of child soldiers. These conflicts involve atrocities the scale of which the world cannot, and must not, ignore. Not only are these crimes universally unacceptable, but the environment which they help sustain – one of chaos, organized crime, money laundering and arms trading – is a threat to the security of us all.

One possible tool for helping resolve these conflicts and rebuild these societies is the new, permanent International Criminal Court (ICC). The ICC has jurisdiction over war crimes, crimes against humanity and genocide committed in Uganda or the DRC since July 1, 2002, if no national judicial system is willing or able to handle these cases. Building from the lessons of the ad hoc tribunals of the 1990s, the ICC includes extensive protections for victims and witnesses, including the possibility of reparations. Children and victims of sexual violence are assured especially sensitive treatment and assistance by the Court. The ICC’s Prosecutor, Luis Moreno Ocampo of Argentina, has emphasized that he will work cooperatively with countries to pursue only those most responsible for the most serious crimes, and only when there is a clear failure of national courts to take up legitimate allegations of atrocities.

Uganda and the DRC, both full members of the ICC, have recently requested that the ICC investigate atrocities being committed on their territory. Prosecutor Moreno Ocampo is expected to announce in summer 2004 whether he will be opening formal investigations into these two situations. These referrals have raised hopes as well as concerns among civil society observers. Ideally, the ICC can help deter ongoing atrocities, end cycles of violence and restore the rule of law. If not pursued carefully and at the appropriate time, however, ICC action could disrupt peace negotiations or spark further violence. Representatives of humanitarian aid organizations, human rights advocates, local civil society members and international legal experts hope that ICC investigations in these countries could:

• Draw attention to oft-forgotten conflicts,
  
• Deter ongoing crimes,
  
• Force government and military reform, and
  
• Satisfy the desire for justice among the civilian population.