ICTJ in the News

August 27, 2008

ICC arrest warrants no impediment to peace

The New Vision

By Thadeus Mabasi

Many people have argued that the arrest warrants issued by the International Criminal Court (ICC) against the leaders of the Lord's Resistance Army (LRA) are an impediment to the peace process in northern Uganda.

They argue that the ICC imposes a Western notion of retributive justice, which clashes with the local restorative justice system. I wish to disagree.

Although the LRA leaders continue evade arrest, the ICC indictments have contributed to the peace process in a positive way. There are two reasons for this view.

Firstly, the local population is interested in accountability mechanisms. A recent survey carried out by the International Center for Transitional Justice (ICTJ) and the Human Rights Center at Berkeley revealed that 76% of residents interviewed in the camps for Internally Displaced Persons (IDPs) want those responsible for gross human rights abuses to be held accountable.

Secondly, the ICC does not preclude but rather complements local reconciliation mechanisms. While the ICC targets the leaders, reconciliation and amnesty are directed at the low-rank LRA combatants, especially child soldiers.
The criticism that the ICC obstructs peace is untenable on two grounds.

First, international criminal justice deters the commission of future crimes. Global justice has a preventative effect. The deterrence effect is at work in Uganda because as the LRA case gained momentum in 2004, the humanitarian situation dramatically improved.

Secondly, it is evident that the ICC indictments have generated such pressure that the LRA was left with no other option but to negotiate.

This is because the ICC focused the international community's attention on the conflict in Northern Uganda and the horrific crimes committed by the LRA.

This has had the effect of increasing international legitimacy and support for the Uganda People's Defence Forces (UPDF) military campaigns; putting pressure on Sudan to stop supporting the LRA; and inducing states to restrict diaspora funding for the LRA.

Therefore, the ICC indictments have made war more costly and risky for the LRA and the rebels have no option but to seek a safe exit through a negotiated settlement with the Government.

Therefore, the ICC should be embraced by the international community. If in some cases it makes peace negotiations difficult, that may be the price that has to be paid.

"ICC arrest warrants no impediment to peace" originally appeared in the New Vision.