The Discussion on Peace Versus Justice Dilemma

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NKUMBA UNIVERSITY SCHOOL OF LAW COURSE: BACHELORS OF LAWS PROGRAMME: DAY COURSE UNIT: INTERNATIONAL CRIMINAL JUSTICE SEMESTER: SECOND SEMESTER YEAR IV LECTURER: MR GORDON AINEBYONA QUESTION : Using relevant examples, examine the view that, the decision by the Ugandan government to refer L.R.A case to the ICC was premature Introduction The government of Uganda was the first country in the world to refer a case to the then newly created International Criminal Court on 16th December 2003. The referral arose out of the Lord’s Resistance Army rebellion in Northern Uganda against the Government of Uganda. The war has been marked by the brutalization of the people of Northern Uganda, and has been ongoing since 1987. The war has been characterized by the commission of serious crimes mainly by the rebels and reported incidents by UPDF. After referral the court issued its first arrest warrants on October 2005, where the LRA leader Joseph Kony and 04 top commanders namely Vincent Otti, Okot Odhiambo, Dominic Ongwen, and Raska Lukwiya. (Otti and Lukwiya are now believed dead), were indicted on several crimes. These offences include; murder, sexual enslavement, mutilation, and forced abduction among others. The crimes have not been limited to Uganda alone, but also extend to southern Sudan, northern areas of the Democratic Republic of the Congo, and the Central African Republic. The referral has however created a lot of debate, mainly on whether the timing was perfect or not. With the centre of the arguments rotating around the ‘the peace v justice dilemma’,i.e. the question is should there be peace first then justice? The question therefore is discussed below on the parameters of whether the Uganda referral was premature or not, given the competing arguments of peace v justice. Arguments against the rushed referral of the LRA case to the ICC

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