Accountability of non-state actors in Uganda for war crimes and human rights violations: Between amnesty and the International Criminal Court

Journal of Conflict and Security Law

Volumn 10, Issue 3, 2005, Pages 405-434

  Ssenyonjo, Manisuli ^a  

^a BRUNEL UNIVERSITY   (United Kingdom)

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[No Author keywords available]

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EID: 28044449903     PISSN: 14677954     EISSN: None     Source Type: Journal    
DOI: 10.1093/jcsl/kri022     Document Type: Article

References (283)

1. These include the West Nile Bank Front (WNBF) of Col. Juma Oris, the Uganda National Rescue Front, (UNRF-II) of Ali Bamuze, the Uganda National Democratic Alliance (UNDA) of Herbert Itongwa and the Allied Democratic Forces (ADF) of Yusuf Kabanda.
2. For an overview, see HURIPEC, The Hidden War: Forgotten People - War in Acholiland and Its Ramifications for Peace and Security in Uganda (2003)
3. and Integrated Regional Information Network (IRIN), Uganda: Waiting for Elusive Peace in the War-Ravaged North, 9 June 2005. Available at .
4. See African Rights, Northern Uganda: Justice in Conflict (2000)
5. R. Gersony, The Anguish of Northern Uganda (1997)
6. and Kacoke Madit, The Quest for Peace in Northern Uganda (2000).
7. Uganda Human Rights Commission (UHRC), Annual Report 2001-2002, para. 3.10
8. UN Office for Coordination of Humanitarian Affairs (OCHA) and IRIN, When the Sun Sets, We Start to Worry: An Account of Life in Northern Uganda (2004). One of the biggest LRA slaughter of civilians on record happened in 1995 in Atiak, north of Lira, when some 240 people were herded into a corner and shot dead (see The New Vision and The Monitor, 23 February 2003).
9. See also Amnesty International (AI), Protecting Human Rights in the Northern War Zone (1999)
10. AI, Breaking God's Commands: The Destruction of Childhood by the LRA (1997)
11. Human Rights Watch (HRW), The Scars of Death: Children Abducted by the LRA in Uganda (1997)
12. and R. Gersony, The Anguish of Northern Uganda: Results of a Field-Based Assessment of the Civil Conflicts in Northern Uganda (1997).
13. See UHRC, 'State of Human Rights in Northern Uganda', in UHRC 6th Annual Report (2003), chap. 6. Available at .
14. C. Pare, 'Uganda's Rebel War', BBC News, 2 November 2000.
15. See UHRC, loc. cit., fn. 5, para. 6.01, noting that the LRA rebels have committed 'crimes against innocent civilians by abduction, rape, mutilation, conscription, torture, murder and destruction of property'. For example, between April and October 2003 '74 civilians were killed, 33 were injured and 489 were abducted' by the LRA.
16. See UHRC, loc. cit., fn. 5, para. 6.04.
17. F. Mugabi and D. Amazia, 'LRA are Cowards - UN chief', The New Vision, 23 June 2005.
18. HRW, World Report (2005): Uganda, available at
19. and AI, Annual Report (2005): Uganda, available at .
20. ICC, Statement by the Prosecutor Related to Crimes Committed in Barlonyo Camp in Uganda, The Hague, 23 February 2004. Available at .
21. IRIN, Uganda: UN Urges More Focus on Plight of Children in North, 29 September 2003.
22. Relief Web, Uganda Seeks Aid for 1.6 Million Internally Displaced People, 18 November 2004
23. and J. Motlagh, Analysis: Northern Uganda's Invisible Crisis (2005).
24. See Briefing Notes to the UN Security Council by Mr. Jan Egeland, USG for Humanitarian Affairs and Emergency Relief Coordinator 21 October 2004 'Humanitarian Emergencies in Africa' (on file with the author). To quote UN Under Secretary General Jan Egeland, 'Where else in the world have there been 20,000 kidnapped children? Where else in the world have 90 percent of the population in large districts been displaced? Where in the world do children make up 80 percent of the terrorist insurgency movement?...For me the situation is a moral outrage....'
25. IRC, An Update on the Conflict in Northern Uganda, Washington, DC, 14 April 2005. Available at .
26. See 'Northern Disaster Worse than Tsunami, Says WFP', Daily Monitor, 1 June 2005.
27. There have been two (futile) attempts - the first in 1994 and the second in July 2002 - to initiate peace talks between the government and the LRA/M. See, e.g. 'Museveni Writes to Kony', The New Vision, 13 August 2003.
28. See The Amnesty Act, 2000. Available at http://www.c-r.org/accord/uganda/ accord11/downloads/2000_Jan_The_Amnesty.Act.doc.
29. (1998) 37 ILM 999.
30. See ICC, Press Release: President of Uganda Refers Situation Concerning the Lord's Resistance Army (LRA) to the ICC, The Hague, 29 January 2004. Available at .
31. By June 2005, only two other States - the Democratic Republic of Congo and the Central African Republic - had referred situations to the ICC Prosecutor. One situation - Darfur, Sudan, was referred to the ICC by the UN Security Council on 31 March 2005. See ICC, Situations and Cases. Available at .
32. ICC, Prosecutor of the International Criminal Court Opens an Investigation into Northern Uganda, The Hague, 29 July 2004. Available at
33. HRW, loc. cit., fn. 9, has noted that the 'UPDF [the government's Ugandan Peoples' Defence Forces] has also committed abuses in the north, including arbitrary detention, torture, rape, and stealing'.
34. See International Crisis Group (ICG) Africa Briefing N 23, Shock Therapy for Northern Uganda's Peace Process, 11 April 2005
35. and N 22, Peace in Northern Uganda: Decisive Weeks Ahead, 21 February 2005.
36. O. Otunnu, Politics and the Military in Uganda, 1890-1985 (1987)
37. and A. Kasozi, The Social Origins of Violence in Uganda 1964-1985 (1994).
38. ICG, Northern Uganda: Understanding and Solving the Conflict, ICG Africa Report N 77, 14 April 2004.
39. See Social Studies (SST) Teacher's Book 5, 10
40. SST Pupil's Book 5, 8
41. SST Atlas for Uganda, 24, 25 and 35.
42. J. Barya, 'Democracy, Inequality and Social Policy in Uganda: An Assessment of Government Initiatives on Poverty Eradication', (2001) 7(2) East African Journal of Peace & Human Rights 215-228
43. and E. Brett, 'Responding to Poverty in Uganda: Structures, Policies and Prospects', (1998) 52(1) Journal of International Affairs 313-337.
44. Economic Commission for Africa (ECA), Economic Report on Africa 2003, available at
45. and P. Natulya, 'Exclusion, Identity and Armed Conflict: A Historical Survey of the Politics of Confrontation in Uganda with Specific Reference to the Independence Era', in Report on the proceedings of a workshop on Politics of Identity and Exclusion in Africa: From Violent Confrontation to Peaceful Cooperation (University of Pretoria, 25-26 July 2001) 81-92, available at .
46. HRW, The Scars of Death: Children Abducted by the Lord's Resistance Army in Uganda (1997), available at [hereinafter HRW, Scars of Death (1997)];
47. and ICG, loc. cit., fn. 25, observes that 'The Acholi in particular had been told by their colonial masters that they were born warriors, effectively transforming them into a military ethnocracy'.
48. See, generally, P. Mutibwa, Uganda Since Independence (1992)
49. and ICG, loc. cit., fn. 19.
50. The use of force to attain State power was prohibited by Uganda's 1967 Constitution, which was then in force and Uganda's Penal Code Act (chapter 106), section 25. For an overview of Museveni's Armed Resistance, see Y. Museveni, Selected Articles on the Uganda Resistance War (Kampala: NRM Publications, 1985)
51. and Y. Museveni, Sowing the Mustard Seed: The Struggle for Freedom and Democracy in Uganda (1997).
52. HRW, The Scars of Death (1997), loc. cit., fn. 29
53. in November 2003, the LRA second in command - Vincent Otti - stated that the LRA rebels want 'to liberate Ugandans from corruption and reverse the marginalisation of the north'. See K. Nyago, 'Armed Struggle Must Not Be an Option Again', The Monitor, 18 November 2003.
54. See, generally, J. Mugaju & J. Oloka-Onyango (eds.), No-Party Democracy in Uganda: Myths and Realities (2000)
55. G. Carbone, 'Political Parties in a "No-Party Democracy": Hegemony and Opposition Under "Movement Democracy" in Uganda', (2003) 9(4) Party Politics 485-501
56. and IRIN, Uganda: Referendum Ends 20-year Ban on Political Parties, 1 August 2005.
57. AI, 'Uganda: Human Rights Violations by the National Resistance Army', AFR 59/20/91 (1991).
58. O. Otunnu, 'Causes and Consequences of the War in Acholiland', in O. Lucima (ed.), Protracted Conflict, Elusive Peace: Initiatives to End the Violence in Northern Uganda (2002). Available at .
59. Ibid. In 1971, Idi Amin took power (as the Ugandan President) and ordered all Acholi and Langi officers to report to the barracks, where they were massacred.
60. Throughout the 1990s, Uganda and Sudan were fighting a proxy armed conflict. Uganda was arming and training the rebel Sudan People's Liberation Army/Movement (SPLA/M) whilst Sudan in retaliation (at least in part) supported the LRA/M, providing bases, supplies and training from about 1994-1999.
61. L. Cline, 'Spirits and the Cross: Religiously Based Violent Movements in Uganda', (2003) 14(2) Small Wars and Insurgencies 113-130, 118-119.
62. However, it extended its operations to nearby Teso (north-eastern districts of Kaberamaido, Katakwi and Soroti) since 15 June 2003. See UHRC, Lord Resistance Army (LRA) Incursion in Teso (2003), available at
63. and IRIN, Uganda: Rebels Threaten Progress in the East, Local Organisations Say (Nairobi, 18 September 2003), available at .
64. See, e.g. IRIN, Uganda: Rebels Kill Four in Northern Pader District, 21 June 2005
65. IRIN, Uganda: Two Killed in LRA Attack on Northern IDP Camp, 27 June 2005
66. C. Ochowun, 'LRA Kill 13 in Kitgum', The New Vision, 12 July 2005
67. and IRIN, Sudan - Uganda: LRA Kill Nine in Attack on Southern Sudan Camp, 27 July 2005.
68. HRW, The Scars of Death (1997), loc. cit., fn. 23, 9.
69. UHRC, loc. cit., fn. 4.
70. ICC, Background Information on the Situation in Uganda, 29 January 2004. Available at .
71. See Resolution on human rights violations in northern Uganda passed on 3 July by the EU parliament in which 'The House adopted a joint resolution strongly condemning the continued serious human rights violations in Northern Uganda'. In particular, the House called on 'both sides of the conflict to stop their abuses and the use of children for war purposes or sexual exploitation', 3 July 2003. Available at . P5_TA(2003)0341.
72. See also HRW, Abducted and Abused: Renewed Conflict in Northern Uganda, vol. 15, No. 12(A) (2003). Available at
73. and UHRC, loc. cit., fn. 4, para. 3.06.
74. ICC, loc. cit., fn. 43.
75. International Crisis Group (ICG), Building a Comprehensive Peace Strategy for Northern Uganda Crisis Group Africa Briefing N 27, 23 June 2005, 2.
76. In 2002, the UHRC reported that 'Since the conflict started in the North, it is estimated that over 26,833 people have been abducted. Over 10,000 of these are children'. UHRC, loc. cit., fn. 4, para. 3.07.
77. 'The Lord's Army Resists', in The Economist (2002) 44.
78. See Amnesty International Report 2001, Uganda;
79. Amnesty International, Protecting Human Rights in the Northern War Zone (1999)
80. Amnesty Intern., Breaking God's Commands: The Destruction of Childhood by the LRA (1997)
81. Human Rights Watch, The Scars of Death: Children Abducted by the LRA in Uganda (1997)
82. and Gersony, op. cit., fn. 4.
83. UHRC, loc. cit., fn. 5, para. 6.07.
84. ICC, loc. cit., fn. 43.
85. See Commission on Human Rights, Abduction of Children from Northern Uganda: Report of the Secretary General, E/CN.4/1999/69 (27 January 1999), para. 3
86. and Amnesty International, 'Uganda, Breaking God's Commands': The Destruction of Childhood by the Lord's Resistance Army', AFR 59/01/97.
87. UHRC, loc. cit., fn. 47.
88. HRW, The Scars of Death (1997), loc. cit., fn. 23
89. and HRW, Abducted and Abused, loc. cit., fn. 44.
90. Report of the Secretary General, E/CN.4/1999/69, para. 4.
91. HRW, Uganda, Stolen Children: Abduction and Recruitment in Northern Uganda (2003), vol. 15, No. 7(A), available at
92. and S. McKay and D. Mazurana, 'Where are the Girls? Girls in Fighting Forces in Northern Uganda, Sierra Leone and Mozambique: Their lives during and after war', Rights and Democracy, 27 February 2004.
93. ICC, loc. cit., fn. 43.
94. HRW, Uganda: Child Abductions Skyrocket in North, Geneva, 28 March 2003. Available at .
95. See, e.g. L. Moir, The Law of Internal Armed Conflict (2002)
96. R. Provost, International Human Rights and Humanitarian Law (2002)
97. and A. Renteln, 'The Child Soldier: The Challenge of Enforcing International Standards', (1999) (21) Whittier Law Review 191-205.
98. See, e.g. Geneva Convention for the Amelioration of the Condition of the Wounded and Sick and Armed Forces in the Field, 1949, article 49 [hereinafter Geneva Convention I]; Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, 1949, article 50 [hereinafter Geneva Convention II]; Geneva Convention Relative to the Treatment of Prisoners of War, 1949, article 129 [hereinafter Geneva Convention III]
99. Geneva Convention Relative to the Protection of Civilian Persons in Time of War, 1949, article 146 [hereinafter Geneva Convention IV]. For the texts see A. Roberts & R. Guelff, Documents on the Laws of War (3rd edn., 2000). Uganda Acceded to the Geneva Conventions on 18 May 1964 and to Protocol I & II on 13 March 1991, available at http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/party_gc/$File/ Conventions%20de%20Geneve%20et%20Protocoles%20additionnels%20ENG.pdf.
100. The ICJ in the Nicaragua case, ICJ Reports, 1986, 14, at 114 stated that the rules contained in common article 3 reflected 'elementary considerations of humanity'.
101. ICC Statute, article 8(2)(c).
102. Ibid., article 8(2)(e).
103. Ibid.
104. Ibid., article 5(1).
105. L. Greene, The Contemporary Law of Armed Conflict (2nd edn., 2000)
106. and ICRC, International Review of the Red Cross (1989) 404.
107. Article 4.
108. Article 6.
109. Articles 15 and 17.
110. Article 56.
111. Article 10.
112. Protocol II, article 1(1)
113. C. Greenwood, 'The Law of War (International Humanitarian Law)', in M. Evans (ed.), International Law (2003) 789-823, 815.
114. UHRC, Lord Resistance Army (LRA) Incursion in Teso (2003), loc. cit., fn. 39
115. and Constitution of the Republic of Uganda, 1995, chap. 12.
116. See 'No Kony Deadline', The Monitor, 2 February 2003
117. and FBI Ten Most Wanted Fugitives, available at .
118. See Interview with the former director at the Movement Secretariat, Winnie Byanyima, by O. Aliro, 'Why Museveni and Byanyima Divorced', The Monitor, 23-30 July 2003.
119. The Monitor, 10 October 2003.
120. Vision Reporters, 'Museveni Rules Out Forceful Takeover', The New Vision, 10 September 2003.
121. Security Council Resolution 1304 (2000) demanded that 'Uganda and Rwanda, which have violated the sovereignty and territorial integrity of the Democratic Republic of Congo (DRC), withdraw all their forces from the territory of the DRC without delay'. Under this international pressure, Uganda was reported to have withdrawn the last of its forces from the DRC in May 2003, following its involvement in over four years of war in the Congo. Widely accused of having entered the DRC to exploit its natural resources, Uganda has maintained that its presence was necessary as its security was under threat from Ugandan dissident groups in the DRC, such as the Allied Democratic Forces (ADF) and the People's Redemption Army (PRA). See Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) (1999-2003). Available at .
122. The Rwanda Patriotic Army (RPA), headed by the late Maj. Gen. Fred Rwigyema, invaded Rwanda on 1 October 1990 (from Uganda with the support of President Museveni) and later toppled the government of Juvenile Habyarimana. The onetime allies turned foes after the armies of the two States fought endless battles in the DRC between 1998 and 2001. In February 2001, Uganda declared Rwanda a 'hostile' State. See The Monitor, 30 September 2003.
123. The Sudanese Peoples Liberation Army/Movement (SPLA/M) rebels, led by the late Col. John Garang, has often been supported by the Ugandan government. Sudan's internal armed conflict erupted in 1983 when the SPLA/M took up arms to end domination of the mainly Christian and animist south by the Muslim north. It has since led to the death of more than 1.5 million people and displaced four million others. HRW, Abducted and Abused supra., fn. 44.
124. Aliro, loc. cit., fn. 75.
125. Ibid. In August 2005, President Museveni stated that 'Kony has been thoroughly defeated and his group in Uganda killed'. He added that 'now he [Kony] is remaining with very few people, may be 100, and has now fled to north of Juba [in Sudan]'.
126. See A. Mugisa, 'Museveni Plans LRA End', The New Vision, 30 August 2005
127. and G. Matsiko, 'Museveni calls Gen. Bashir over Kony', Daily Monitor, 30 August 2005.
128. A. Gingyera-Pinyewa, Northern Uganda in National Politics (1992) 20
129. and D. Westbrook, 'The Torment of Northern Uganda: A Legacy of Missed Opportunities', (2000) 3/2 The Online Journal of Peace and Conflict Resolution 4, available at .
130. Gingyera-Pinyewa, ibid.
131. HRW, The Scars of Death (1997), loc. cit., fn. 29, quoting Acholi Parliamentary Group, Submission to Parliamentary Committee on Defence (1996/7) 5-6.
132. UHRC, loc. cit., fn. 4, para 3.17.
133. Due to Sudan's alleged support of the LRA/M, Uganda severed diplomatic relations with Sudan on 22 April 1995 and contacts between the Government of Uganda and the National Islamic Front-dominated Government of Sudan remained limited till 2002 when a protocol was signed between the two States.
134. HRW (July 2003), loc. cit., fn. 44.
135. UHRC, loc. cit., fn. 4, para. 3.18.
136. HRW, World Report: Uganda (2003).
137. UHRC, loc. cit., fn. 39.
138. This was disclosed by Jane Lowicki of the Women's Commission for Refugee Women and Children to US congressmen in February 2002.
139. Ibid.
140. Author's interview with the former LRA combatant.
141. In the first four months of the conflict alone, President Museveni stated that'...450 enemies (LRA rebels - mainly abducted children) had been killed...UPDF...lost 134 soldiers'. The New Vision, 25 August 2002.
142. HRW (July 2003), loc. cit., fn. 44, 12.
143. UHRC, loc. cit., fn. 4, para. 3.19.
144. HRW, Stolen Children (loc. cit., fn. 56), 5
145. and Human Rights Focus, 'Between Two Fires': The Human Rights Situation in 'Protected Camps' in Gulu District (Gulu: HURIFO) (February 2002).
146. Ibid.
147. S. Accorsi et al., 'Impact of Insecurity, the AIDS Epidemic, and Poverty on Population Health: Disease Patterns and Trends in Northern Uganda', (2001) 64 The American Journal of Tropical Medicine and Hygiene 214
148. and UHRC, loc. cit., fn. 4.
149. HRW, loc. cit., fn. 90.
150. Author's interview with the Member of Parliament for Gulu district.
151. K. Lule, 'Morale in army low - Gen. Saleh', The Monitor, 18 August 2003.
152. As a result, President Museveni declared that 'There has been quite a bit of negligence regarding logistics for the army. I don't know why but now I have given a directive in writing. If I find a soldier without logistics, those responsible will spend some time in Luzira [prison]'. See A. Atuhaire, 'Museveni warns his commanders', The Monitor, 19 September 2003.
153. Uganda Constitution (1995), article 209(a).
154. See IRIN, Uganda: Rebels Massacre More than 200 in Lira IDPs Camp, 23 February 2003
155. and IRIN, Uganda: Focus on LRA attack on Barlonyo IDPs Camp, 25 February 2004.
156. See '[Kofi] Annan Condemns Rebel Massacre of Nearly 200 Civilians in Northern Uganda', UN News Service, 23 February 2004. Available at .
157. HRC, Concluding Observations: Uganda, CCPR/CO/80/UGA (2004), para. 12.
158. Ibid.
159. CAT, Concluding Observations: Uganda, CAT/C/CR/34/UGA (21/06/2005), para. 10(n).
160. Ibid.
161. Ibid., para. 10(o).
162. See Amnesty Act, 2000.
163. Ibid., section 3(1).
164. Ibid.
165. Ibid., section 3(2).
166. The Amnesty (Amendment) Act No. 16 of 2002: '6A.(1) A person granted an amnesty under this Act who, after the grant to him or her of the amnesty commits an act mentioned her section 3 - (a) shall not be granted an amnesty for that act; and (b) is liable to prosecution for that act. (2) Where a person mentioned in subsection (1) of this section surrenders and satisfies the Commission that exceptional circumstances exist in his or her case, the provision of subsection (1) shall not apply to that person'.
167. Where a person to whom amnesty applies is living outside Uganda, the Act under section 4(5) requires such person to 'report to any Ugandan diplomatic mission, consulate or any international organisation which has agreed with the Government of Uganda to receive such persons'.
168. Ibid., section 4(1).
169. Ibid.
170. See Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protections of Victims of Non-International Armed Conflicts, 1977, article 6(5).
171. Amnesty Act, 2000, ibid.
172. Ibid., section 17.
173. There have been several extensions under Statutory Instruments No. 50 of 2000, 6/2001, 44/2001 and 48/2002.
174. The Act established the Amnesty Commission and the Demobilisation and Resettlement Team to oversee programmes of resettlement and reintegration of persons granted pardon under the Act.
175. Ocwich D. 'Amnesty Body Appeals For Kony' The New Vision 29 September 2003
176. Ibid.
177. IRIN, Uganda: Forgiveness as an instrument of peace, 9 June 2005.
178. See, e.g. R. Komakech, 'Reform Speaks Against Amnesty Act Changes', The New Vision, 22 April 2004
179. IRIN, Uganda: Government Curtails Amnesty Extension, 29 September 2004.
180. See B. Musinguzi, 'Amnesty Group Rejects ICC Trial', The East African, 16 February 2004.
181. UN doc. 2187, UNTS90, entered into force 1 July 2002, 99 States parties as of 12 May 2005. For an overview of the ICC, see generally W.A. Schabas, An Introduction to the International Criminal Court (2nd edn. 2004).
182. For a discussion, see Schabas, ibid., 26-66.
183. CERD, Concluding Observations: Uganda, CERD/C/62/CO/11 (2 June 2003), para. 16.
184. Ibid.
185. CEDAW Committee, Concluding Observations: Uganda, CEDAW/C/2002/EXC/CRP.3/ Add.3/Rev 1 (23 August 2002), para. 43.
186. See ICC, loc. cit., fn. 43. The main commanders are Joseph Kony (general) - chairman of the LRA; Vincent Otti (General) - vice chairman; Okot Odhiambo (major general) - LRA Army Commander; Raska Lukwiya (major general) - in charge of logistics and supplies; Ocan Bunia (brigadier); Dominic Ongwen (brigadier); and Owor Lakat (major general) - chief adviser to Kony and Bosco Gogi (brigadier).
187. ICC Statute, article 5(1).
188. ICC Statute, article 11.
189. See Ratification Status of the Rome Statute, available at . Under article 120 of the ICC Statute, '[n]o reservations may be made to this Statute'.
190. See Amnesty International, Uganda: Concerns about the International Criminal Court Bill 2004, AI Index: AFR/59/005/2004 (27 July 2004).
191. IRIN, Uganda: Interview with ICC Prosecutor Louis Moreno-Ocampo, 9 June 2005.
192. This is in accordance with ICC Statute, article 14. See UHRC, loc. cit., fn. 5, para. 6.17.
193. IRIN, Uganda: The ICC and the northern Uganda conflict, 28 February 2005
194. and 'No Respite: A Massacre in Uganda', Economist, 28 February 2004, 46.
195. IRIN, Uganda: Interview with ICC Prosecutor Louis Moreno-Ocampo, 9 June 2005.
196. Ibid.
197. ICC, Statements by ICC Chief Prosecutor and the Visiting Delegation of Acholi Leaders from Northern Uganda, The Hague, 18 March 2005. Available at .
198. IRIN, Uganda: Waiting for elusive peace in the war-ravaged north, 9 June 2005.
199. UHRC, loc. cit., fn. 5, para. 6.18.
200. See also Refugee Law Project (RLP), Peace First, Justice Later: Traditional Justice in Northern Uganda (Kampala: RLP, 2005), available at , stating that litigation against the LRA insurgents would undermine the ongoing peace efforts between the rebels and the government and hamper reconciliation. It is concluded that 'peace must be realised before justice can be tackled'.
201. ICG, Building a Comprehensive Peace Strategy for Northern Uganda (2005) 8.
202. For names of top commanders, see fn. 136.
203. See, e.g. D.G. Newman, 'The Rome Statute, Some Reservations Concerning Amnesties, and a Distributive Problem', (2005) 20 American University International Law Review 293-357.
204. See R.S. Lee (ed.), The International Criminal Court: The Making of the Rome Statute (1999) 52.
205. IRIN, Uganda: Interview with President Yoweri Museveni, 9 June 2005.
206. The New Vision, 15 November 2004.
207. Ibid.
208. Traditional reconciliation measures do not involve judicial determinations of innocence or guilt, effectively ensure that the full truth about crimes will be known or provide victims or their families with full reparations.
209. AI, Press Release: Uganda: Government cannot prevent the International Criminal Court from investigating crimes, AI Index: AFR 59/008/2004 (16 November 2004).
210. Ibid.
211. R. Higgins, Problem and Process: International Law and How We Use It (1994) 96.
212. See also generally CESCR, General Comment 9, 'The domestic application of the Covenant', UN doc. E/C.12/1998/24 (1998)
213. and A. Rosas & M. Scheinin, 'Implementation Mechanisms and Remedies', in Eide et al. Economic, Social and Cultural Rights: A text Book (2nd edn., 2001) 425-453, at 452.
214. See D. Harris, Cases and Materials in International Law (6th edn., 2004) 66-97
215. P. Malanczuk, Akehurst's Modern Introduction to International Law (7th edn., 1997) 4
216. A. Cassese, International Law (2001) 162
217. and M. Dixon, Textbook on International Law (5th edn., 2005) 81-83.
218. See The Vienna Convention on the Law of Treaties, 1969 [VCLT], article 26
219. Cassese, op. cit., fn. 160, 162-181
220. CESCR, Concluding Observations: UK of Great Britain and Northern Ireland, E/C.12/1/Add.79 (5 June 2002), para. 24
221. CESCR, Concluding Observations: Ireland, E/C.12/1/Add.77 (17 May 2002), para. 23
222. and CESCR, Concluding Observations: Trinidad and Tobago E/C.12/1/Add.80 (17/05/2002), para. 32.
223. M. Shaw, International Law (2003) 128.
224. In Polish Nationals in Danzig [PCIJ, Series A/B, no. 44 (1931)], at 24, the PCIJ stated that '...according to generally accepted principles...a State cannot adduce against another State its own constitution with a view to evading obligations incumbent upon it under international law or treaties in force'. See also in Free Zones case (PCIJ, Series A/B, no. 46, at 167) where the Court stated: 'It is certain that France cannot rely on her own legislation to limit the scope of her international obligations'.
225. See, e.g. N. Roht-Arriaza, 'State Responsibility to Investigate and Prosecute Grave Human Rights Violations in International Law', (1990) 78 Cal. L. Rev. 449
226. and D.F. Orentlicher, 'Settling Accounts: The Duty to Prosecute Human Rights Violations of a Prior Regime', (1991) 100 Yale L. J. 2537, at 2599.
227. ICC Statute, preamble 6.
228. Ibid., preamble 5.
229. G. Werle, Principles of International Criminal Law (2005) 63.
230. Ibid., 65
231. ILA, Final Report on the Exercise of Universal Jurisdiction in Respect of Gross Human Rights Offences (2000) 15.
232. See also the Statute of the Special Court for Seirra Leone, UN doc. S/ 2000/915, Annex, article 10: 'An amnesty granted to any person falling within the jurisdiction of the Special Court in respect of the crimes referred to in articles 2 to 4 of the present Statute [crimes against humanity; violations of Article 3 common to the Geneva Conventions and of Additional Protocol II; and other serious violations of international humanitarian law such as intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities] shall not be a bar to prosecution'.
233. A. Cassese, International Criminal Law (2003) 315.
234. Justice Peter Onega, Chairman of the Uganda Amnesty Commission, stated this in a paper entitled The Amnesty Process: Opportunities and Challenges (2005).
235. See Werle, op. cit., fn. 167, 58-66.
236. See also Princeton University Program in Law and Public Affairs, The Princeton Principles on Universal Jurisdiction (2001) 28, para. 7(1), 'Amnesties are generally inconsistent with the obligation of states to provide accountability for serious crimes under international law'.
237. ICC Statute, preamble 4.
238. ICC Statute, article 53(4).
239. Article 53(4) ICC Statute states that 'The Prosecutor may, at any time, reconsider a decision whether to initiate an investigation or prosecution based on new facts or information'.
240. ICG, Africa Briefing N 27, 23 June 2005, 9.
241. D. Robinson, 'Serving the Interests of Justice: Amnesties, Truth Commissions and the International Criminal Court', Vol. 14, No. 3 (2003), 481-505.
242. See, e.g. W. Nelson, 'Human Rights and Human Obligation', in J. Pennock & J. Chapman (eds.), Human Rights (1981) 275-291.
243. The Restatement (Third) of Foreign Relations Law of the United States (1987), pt. VII, introductory note, at 144-45 (1987) does not fully commit to any position, but states 'how a state treats individual human beings... is a matter of international concern and a proper subject for regulation by international law'.
244. See Higgins, op. cit., fn. 159, 39-55, 146-159.
245. Adopted at San Francisco, 26 June 1945. Entered into force, 24 October 1945.
246. N. White, 'The United Nations System: Conference, Contract or Constitutional Order?', (2000) 4 Singapore Journal of International and Comparative Law 281, 291.
247. See UN Charter, preamble, together with articles 1(3), 55 and 56
248. and Z. Stavrinides, 'Human Rights Obligations Under the United Nations Charter', (1999) 3(2) The International Journal of Human Rights 38-48.
249. For example, under article 2 of the ICCPR and the ICESCR, it is only each 'State party' to each Covenant that undertakes obligations. All branches of government (executive, legislative and judicial), and other public or governmental authorities, at whatever level - national, regional or local - are in a position to engage the responsibility of the State Party. See HRC, General Comment 31, Nature of the General Legal Obligation on States Parties to the Covenant, UN doc. CCPR/C/21/ Rev.1/Add.13 (2004), para. 4.
250. HRC, Concluding Observations: Uganda, CCPR/CO/80/UGA (2004), para. 12.
251. See, e.g. S. Wood & B. Scharffs, 'Applicability of Human Rights Standards to Private Corporations: An American Perspective', (0000) 50 Am. J. Comp. Law 531, 544-545 (section IV) asserting that '[o]n their face, international human rights instruments do not appear to apply to corporations'.
252. R. Nair, 'Confronting the Violence Committed by Armed Opposition Groups', (1998) 1 Yale Human Rights and Development Law Journal 1-15.
253. GA Res. 2675 (XXV).
254. M. Robinson, 'From Rhetoric to Reality: Making Human Rights Work', (2003) 1 European Human Rights Law Review 1-8, at 5-6.
255. See, generally, A. Chapman, Human Rights in the Private Sphere (1993)
256. and P. Alston (ed.), Non-State Actors and Human Rights (2005).
257. The European Court of Human Rights in X. and Y. v The Netherlands, 91 ECtHR (ser. A) at 23 (1985) adopted the view that the European Convention on Human Rights 'creates an obligation for states which involves the adoption of measures designed to secure respect for private life even in the sphere of the relations of individuals between themselves'.
258. The preamble to the UDHR proclaims in part '...every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance'.
259. Commission on Human Rights (CHR), Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights, E/CN.4/Sub.2/2003/12/Rev.2 (2003), para. 12.
260. GA Res. 217A (III), UN doc. A/810 at 71 (1948).
261. UDHR, article 29.
262. See, e.g. D. Kinley, 'Human Rights as Legally Binding or Merely Relevant?', in S. Bottomley & D. Kinley (eds.), Commercial Law and Human Rights (2002), 25-45, 37-38.
263. See, e.g. B.C. Alexander, 'Lack of access to HIV/AIDS Drugs in Developing Countries: Is there a Violation of the International Human Right to Health?', (2001) 8(3) Human Rights Brief 12, at 14.
264. 1966, 993 UNTS 3, reprinted in (1967) 6 ILM 360.
265. 1966, 999 UNTS 171, reprinted in (1967) 6 ILM 368.
266. ICC Statute, article 5.
267. Ibid., articles 5-8.
268. Ibid., article14.
269. UHRC, loc. cit., fn. 5, para. 6.21.
270. See, e.g. 'Sudan Rearms Kony Fighters', The New Vision, 16 June 2003
271. H. Lubega, 'UPDF Fooled', The New Vision, 27 July 2003
272. and IRIN, Sudan-Uganda: Countries Cooperating over LRA - Defence Minister, 3 October 2003. C. Kazooba, 'Sudan Halts Uganda's Pursuit for Kony', The New Times (Kigali, 31 August 2005).
273. D. Nabudere, 'Kony Good Excuse for Movt Holds on Power', The Monitor, 11 August 2003.
274. M. Mpagi, 'Kony's Spirits Real - Minister', The Monitor, 18 July 2003, quoting Uganda's Minister of State for Defence, Ms Ruth Nankabirwa, as having told journalists in Kampala that 'This [spirits] factor cannot be ignored. ...He [Kony] is a man of spirits. This is for real. The people believe it and we cannot ignore it. It is very difficult to get information from them. ...Some fear that if they say anything about Kony he will know and then come for them at night'.
275. S. Tindifa, Peace, Conflict and Sustainable Development: The Experience in Uganda. Paper presented at a Conference on Sustainable Development, Governance and Globalisation, 17-20 September 2001, Nairobi, Kenya. Available at .
276. P.C. Aka, 'The Military, Globalisation and Human Rights in Africa', (2002) 18 New York Law School Journal of Human Rights 405.
277. Nabudere, loc. cit., fn. 203.
278. Uganda Constitution (1995), article 105(2) 'A person shall not be elected under this Constitution to hold office as President for more than two terms [ten years]'.
279. See the Constitution (Amendment) (No.3) Bill, 2005. The Bill seeks to decrease rather than increase the parameters of freedom, liberty and human rights that were partially achieved in Uganda's 1995 Constitution. On 28 June 2005, Ugandan Parliament (pushed by the President and his Cabinet) voted overwhelmingly to amend article 105(2) to remove the term limits. See The New Vision, 29 June 2005 and Weekly Observer, 30 June 2005.
280. ICG, loc. cit., fn. 46.
281. HRC, loc. cit., fn. 182, para. 2.
282. AI, Uganda: First steps to investigate crimes must be part of comprehensive plan to end impunity, AI Index: AFR 59/001/2004 (30 January 2004).
283. On the responsibility of commanders and other superiors, see ICC Statute, article 28.