Africa Press- Posted by
Faridah N Kulumba
Dominic Ongwen becomes the first Ugandan to be convicted by the Hegue based court of war crime and fifth in the world.
Ongwen is also one of the 5 Lord’s Resistance Army rebels to whom the international Criminal Court issued with the arrest warrant.
The others are:- Joseph Kony the LRA commender, Okot Odyambo who are still at large, while Vicent Oti and Rasika Lukuyi who died.
It is also the first time this court is convicting on asexual and gender based offences.
The ICC trial Chamber composed of judge Raul Cano Pangalangan, judge Peter Kovacs and judge Bertram Schmitt.
The three trial judges say that the former commander child abductee was found guilty beyond reasonable doubt for 61 war crimes committed in the context of four specified camps of Pajule, Abok, Lukodi and Odek camps in Uganda between 2002 and 2005.
How was Ongwen found guilty?
While reading the judgement, judge Schmitt said that according to the evidence they received Ongwen was not forced to commit those crimes .
” In all circumstances it is impossible to think that he could have committed these acts under any threat. The evidence furthermore indicates in the appearance of the judges that Ongwen did not face any prospective punishment by that auxiliary bodily harm by disobeying Joseph Kony.” Schmitt said.
Schmitt also adds that if at all Ongwen did not like what he was doing, he would have left the LRA.
“HE had also realistic possibility of leaving the LRA like many other commanders did which he did not pursue.” Schmitt continued.
Dominic was tried in ICC in Hague after 234 sittings, in which 112 witnesses testified since the hearing begun in December 2016 .
What exactly happened?
From more than 100 witnesses court heard that Ongwen while still a member of LRA they attacked camps and engaged in the acts of forced marriages, torture, rape,asexual slavery, enslavement, forced pregnancy and abduction.
How Ugandans reacted on the judges decision
Some Ugandans most especially those who come from the areas where offences were committed, followed the court proceedings on television screens and they were happy about the judgement, although others wanted Ongwen to be pardoned saying that by the time he committed some crimes he was a child.
Speaking to our AFP reporter Daniel Muhweza a law DON at Makerere University supported the judges saying that it shows hope that others who committed the same crimes will one day face the judges.
” For the first time we have jurisprudence that says forced marriages, outrages upon someone’s diginity, forced marriages, enslavement, sexual slavery and rape are crimes against humanity of war crimes, and I think we shall begin to see more” said Muhweza.
For the next few months the court will hold pre-sentencing hearing. Both parties will argue on jail term.
Since the ICC founding treaty the Rome Statute does not provide for death penalty, Ongwen faces a minimum of 30 years imprisonment and a maximum of life sentence.
The judgement is expected to take place in April 2021.
