Despite being pardoned under the amnesty act 2000, close to 25,000 rebel fighters are likely to face prosecution over war crimes and crimes against humanity, the Head of International Crimes Division (ICD) of the Ugandan High Court Justice Moses Mukiibi has said.
Justice Mukiibi was speaking on Tuesday during a judicial and prosecution outreach at Acholi Inn Hotel in Gulu town.
Mukiibi said that amnesty only protects individuals from political crimes but not crimes against humanity and war crimes.
Currently it is only Thomas Kwoyelo, the former senior Lord’s Resistance Army (LRA) who is facing prosecution before the ICD for crimes allegedly committed against the people of northern Uganda during the over two decade long violence.
According to the Amnesty Commission, since 2000, at least 27,000 former rebels believed to be members of 26 rebels groups that have waged war against President Museveni and his NRM led government have benefitted from the amnesty law. Among over 13,000 former members of Lords Resistance Army, West Nile Bank Front (6,500), Uganda National Rescue Front II (3,200) and Allied Democratic Force (ADF) (2,000), among others.
The political crimes for which they were pardoned includes: participating in rebellion, attacking government forces and security installations.
Justice Mukiibi explained those commanders and their fighters who specifically targeted civilians instead of military or security installations should be made accountable. He said these includes individuals who did not follow the rule of the war as per the Geneva Convention which makes aggression against civilian punishable under the International law.
The Head of the ICD said those who were wronged may want to see justice done and there is no way those who are most responsible will be let free until they answer for their crimes.
The Retired Anglican Bishop of Kitgum, the Right Rev. McLeod Baker Ochola II says majority of the children in the LRA were indoctrinated and turned into killing machines.
Bishop Ochola who was one of the advocates for amnesty act has for long been against prosecuting former child soldiers saying they committed the alleged crimes against their will.
He also called on the court to investigate crimes allegedly committed by the members of the government forces.
