The LRA and the ICC

The BBC has reported that members of the LRA have been on the move in northeastern DRC perhaps heading to the Central African Republic. The LRA, Lord's Resistance Army, is a millenarian Ugandan rebel group based in northern Uganda, which has been fighting the government of Uganda for over 20 years. They have become known for the particular brand of violence they practice which includes mutilation and child-kidnapping. Many of the children are then forced to serve as porters and sex slaves. The leader of the LRA, Joseph Kony, has been indicted by the International Criminal Court for war crimes.

In this post, I want to use the Uganda case as an example of the deleterious effects the ICC has had on resolving the conflict and the potential problem this may pose in future situations. The court which was established in 1998 and is based in The Hague, Netherlands, was designed to exercise jurisdiction over genocide, crimes against humanity, and war crimes. The court's jurisdiction covers nationals and territory of States who have signed the ICC treaty and for cases referred by the United Nations Security Council. So far 105 states have joined, including Uganda.

Thus, the ICC's conviction of Kony for war crimes is well within its purview. However, as an independent judicial body, the court's outlook and interest is judicial in nature. While an apolitical court may be theoretically ideal, when its actions affect the resolution of a civil war, which by its nature is very much a political process, the court's actions become less helpful and can actually be harmful.

Recent civil war resolutions have included a number of instruments for reconciliation ranging from war crimes tribunals to amnesties to truth and reconciliation commissions. The type of conflict fought, its effects on a given state, and the manner in which a resolution should be carried out varies from country to country.

In the case of Uganda, however, the ICC's action has effectively tied the hands of the Ugandan government and as a result has prolonged the negotiations for an end to the civil war. Kony is reluctant to end his rebellion because that would mean his going to The Hague, for what is likely to be a long stay. For Kony, continuing the conflict, perhaps indefinitely may prove to be a better option. For the Ugandan government, it must either ignore the ICC's decision, thereby creating problems for themselves at the international organization level, or abide by the ruling and be unable to bring the conflict to a permanent conclusion.