Hi, I’m Philip in Uganda. I want to talk to you about the International Criminal Court, and if we Ugandans are finding a better way of delivering justice.
The top leadership of Uganda’s Lord’s Resistance Army was indicted by the ICC for war crimes and crimes against humanity committed to the people of Northern Uganda and southern Sudan. But now we hear from our President that they will not be tried by the ICC but in Uganda.
The ICC issued arrest warrants for five of the top LRA commanders (three of which have been killed so far). Since 2006, the Government of Uganda and the LRA have been involved in peace talks brokered by the Government of South Sudan (GoSS) and supported internationally. Over this period, the majority of the five key issues have been resolved and the only block towards the Comprehensive Peace Agreement is the issue of the ICC arrest warrants.
My feelings are that the statement of the President opens a way towards a long lasting peace in the entire country and also development because most of the resources over the 20 years have been channelled towards fighting the War. I also believe that the best option should be the Local trials because I believe the traditional court systems do not promote impunity (like some people have suggested especially Western countries), for instance, the Gachacha in Rwanda.
My belief is that the proposed trial in The Hague will encourage more disunity amongst Ugandans (especially the Northerners and the Westerners). Do you agree with me? Or should the ICC still be the place these people are tried? Are we Ugandans risking it becoming an undermined institution?
Thanks and I hope to hear from you.
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Iam Uganda and believe that the Northern Uganda question warrants local justice simply because International Justice is hampering the parties to strike an agreement for calm to prevail again in this region. However, I strongly believe that the prefered local traditional system of justice in Uganda can not contend with the changing dynamics of conflict. Now days its no longer a family or community affair, we are talking of a war that affected other regions of the country and neighbouring states whose systems of justice differ. Secondly, the old folks have been wiped out and now we have a new generation that has limitted knowledge about traditional justice practice in Northern Uganda.
In conclusion, I still firmly subscribe to the ICC mandate and if any one is found guilty of committing the worst crimes against humanity, they deserve to be punished. Local traditional systems encourage impunity
Iam Uganda and believe that the Northern Uganda question warrants local justice simply because International Justice is hampering the parties to strike an agreement for calm to prevail again in this region. However, I strongly believe that the prefered local traditional system of justice in Uganda can not contend with the changing dynamics of conflict. Now days its no longer a family or community affair, we are talking of a war that affected other regions of the country and neighbouring states whose systems of justice differ. Secondly, the old folks have been wiped out and now we have a new generation that has limitted knowledge about traditional justice practice in Northern Uganda.
In conclusion, I still firmly subscribe to the ICC mandate and if any one is found guilty of committing the worst crimes against humanity, they deserve to be punished. Local traditional systems encourage impunity
Magoola Moses
Peace building and Conflict Resolution Practitioner
Local justice systems are looked upon as being witchunting and vindictive even when it is clear that one is truly guilty of the worst form of crimes against humanity, corruption and hard looter of national coffers.For such reason local justice system let go without action and thus encourage impunity.
But for the ICC, who would have dared trying Charles Taylor or Fodah Sankoh? Like my colleague from Uganda, I also subscribe to the ICC. Anybody found to be guilty should be punished. It is only in this way that dictators would think.
Ben Assopiah
Tarkwa, Ghana
In conclusion, I still firmly subscribe to the ICC mandate and if any one is found guilty of committing the worst crimes against humanity, they deserve to be punished. Local traditional systems encourage impunity
The local justice system is frowned upon as vindictive and being witchunting even when it has been proven beyond all doubts that one is guilty of war crimes including worst crimes against humanity, corruption and looting of state coffers. This does not encourage even democratic governments to pursue rule of law and justice. Could Mrs Sirleaf Johnson dared trying Charles Taylor at a local Liberian Court?
What I would rather suggest is that ICC should not conduct its trials based only on international principles of law but apply also the local justice requirements.
I believe through this, dictators would re-think.
Ben Assopiah
Tarkwa, Ghana
Philip – extremely hard question to answer on the fly. But still a very good and pertinent question.
I think before answering we have to look at the history of the ICC, why it was set up and what it can advocate for nation states.
The pursuit of dictatorship is the pursuit of power – but as with many things this has two sides. There are still some who believe that Mugabe is good for Zimbabwe, others in the international community hates him with a passion – which side you take will influence how you think he should be dealt with – this can be said for the problems in a few African states as well as many others around the world. How do we deal with the human rights abuses in, say, China? North Korea? And the ever present Iraq?
Is the local government corrupt who will deal with these problems? But that leads to who defines what is corrupt? Will the ICC deal in blind justice with these matters?
As I say – good question but one that cannot be easily answered.
Independent judiciary free from exective pressure is a sign of local justice.Judiciary under the exective command can not provide justice to people.Local justice is better than international jusice in case it must be independent and free in interpretation the law and constitution of the country.
I would like to present Pakistan ‘s plitical scenario as example.
lawyer community and civile society are on the roads struggling for justice restoration of judiciary and rule of law.They are being club-bating arresting and subjecting of highhandeedness.
As all justice loving people will admitte this universel principle that concentration of power is a horrible curs in the way of local justice.
In Pakistan , one man show is being played.He do what he want to do making favourable amendments in the constituion.He had imposed emergency and fired on judiciary second time and in this way a impatial ciourt converted into a subordinate institution.
Round 60 judges detained,their houses was declared subjails.Whch crimed they committed.It is question before United Nations and European Union.
Deposed cheif justice who is detained in his house facing unavoidable circumstances, barbed wire around his subjailed house,childern can not go to school,All communication has been disconnected.
In such painfull circumstances,the cheif justice of country’s apex court wrote a letter to United Nations and European Union but in vein no one come forward having flage in hand of international justice.
Futher more, elected parliment that is still not in session have its reservations.They dislike him (President Musharraf) and have a programm to bring impeachement motion against his but was showing a sword of Artical 58/b under wich a single person as a president can abrogate the newly elected parliment.
In case, judiciary was indendent never existed the stituation as is today.
Local justice is better than international justice if judiciary,from lower to apex stage free and independent and have no exective pressure .
Local Justice is, in terms of tradition and customary practices, better than International Justice. In other words, Local Justice takes into consideration the beliefs and cultural practices of a particular group of people because every constitution of a country has to be formulated in line with such etiquette.
However, in terms of fairness, Local Justice falls short of some personal biases some of the times.
Sometimes local justice is MUCH better than International justice, except in certain cases:
The war in Kosovo, Slobodan Milosevic, would have been in the gallows—if he was tried in the Locals courts in Kosovo…..
Dennis>Madrid, U.S.A.