The International Criminal Court (ICC) has said Mr Dominic Ongwen, the former feared senior Lord’s Resistance Army (LRA) commander will be flown to Uganda later this year to face massacre survivors in an in situ proceeding.
Ongwen has so far appeared in the dock at the ICC in The Hague to face war crimes charges.
The charges all relate to an attack on Lukodi Internally Displaced Persons Camp (IDP) in Bungatira Sub County, Gulu district on the 25th April, 2004 where over 50 unarmed civilians were massacred in cold blood.
In situ proceedings enable affected communities to follow the trial, understand the importance of justice, and promote accountability and healing.
Ultimately, holding some of its proceedings locally could breathe life into the ICC because it has the ability to portray the ICC as an institution that is sympathetic to the plight of victims and ready to move outside its comfort zone in exercising its mandate.
Ms Maria Kamara Mabinty, the ICC Outreach Coordinator in-charge of Uganda and Kenya told reporters on Thursday in Gulu town that Ongwen’s trial will be moved nearer to affected communities.
Mabinty explained that, “As provided in Article 3 of the Rome Statue, a suspect can be moved nearer to where a crime has been committed to ease accessibility for those who have been affected.”
The ICC Outreach Coordinator for East Africa says currently the ICC prosecutor and the defence team for the suspect are in discussions on whether Ongwen should be brought to Gulu or Kampala for the three day court session.
She noted that the process is to ascertain if it will be desirable to bring Ongwen into Uganda considering all the risks and expenses.
According to Mabinty, “If all avenues are explored, the judges will be informed by 23rd of July 2015 before they can move and set up court in Uganda where Ogwen is alleged to have committed crimes during his years in the bush.”
In the context of local-level impact, the Court also has the power to hold its proceedings, or a portion of its proceedings, locally – termed in situ proceedings.
Most recently, Trial Chamber VI recommended that the ICC open its trial against Bosco Ntaganda locally in the Democratic Republic of Congo.
In its recommendation, the Trial Chamber said that in situ proceedings bring trials closer to the victims and affected communities, which allow for greater participation.
It goes without saying that there are many challenges to effective and meaningful victim participation in the ICC’s proceedings.
Many of these challenges are not legal, but rather practical and logistical in nature.
