Thread by @SherryKyama

There is something very profound about the judge reading out the names of some of those who suffered at the hands of the LRA #OngwenJudgement

"Government forces were not able to protect the civilian population"

#OngwenJudgement acknowledges the failure of Uganda Government during conflict in the Northern part of the country

For the LRA, abducting, killing, maiming, raping civilians was called "work"😥 #OngwenJudgement

Conviction for forced marriage!!
#OngwenJudgement

"Forced Pregnancy" crime confirmed

#OngwenJudgement

While Joseph Kony is not in the dock, the judge mentions that he and other LRA commanders like Ongwen were responsible for sexual violence against women & girls!

#OngwenJudgement

"In Acholi culture, raping young girls is extremely bad"

#OngwenJudgement quoting prosecution witness

"Between death & life, what do you choose?"

The kind of choices the LRA rebels gave women & girls prior to violating them!

#OngwenJudgement
#NeverAgain

Dominic Ongwen is fully responsible for all the crimes for which he was charged. He was in full possession of all his mental faculties! #OngwenJudgement

Ongwen did not commit the crimes under duress #OngwenJudgement

"He was not a puppet on a string"
#OngwenJudgement

"Ongwen guilty beyond reasonable doubt"

#OngwenJudgement

Yooooo! Verdict is loooooonggggg!
#OngwenJudgement

How do you breakdown this detailed judgement for victims?

The victims' legal teams & @IntlCrimCourt outreach teams have a lot of work to do!

#OngwenJudgement

"Ongwen found guilty beyond reasonable doubt for 61 crimes"

#OngwenJudgement

He is also guilty of the war crime of conscripting children!

#OngwenJudgement

Interested in the sections of #OngwenJudgement that are linked to #Uganda politics today

#OngwenVerdict

"Regional identity played a role, as Yoweri Museveni waged his guerilla campaign with support from his own region in the southwest, and also from the central south of the country, where there was widespread aversion to what was percieved as northern domination"

#OngwenVerdict

"Soon Alice Auma began recruiting soldiers and started a campaign against President Museveni's government, as well as against alleged witches, other nebi and ajwaki, and "bad people", such as impure soldiers or individuals who did not obey certain rules." Para 4

#OngwenVerdict

"A number of groups continuing to oppose the Ugandan government appeared in the Acholi homelands, associated with individuals who were inspired by the example of Alice Auma. One such group was led by a young man called Joseph Kony..." Para. 5

"Joseph Kony's campaign was initially mostly limited to the viscinity of his home area around Odek & the environs of Opit, but this changed in 1988 when President Museveni's government signed a peace agreement with the UPDA, and many of those unwilling to surrender turned to Kony

#OngwenVerdict

"Joseph Kony's forces maintained a guerilla campaign against the government and, increasingly, against those who collaborated with it..."

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"In 1991, the Ugandan government mounted an intensive four-month military operation against the insurgency, called "Operation North", but its main effect seems to have been to antagonise and alienate non-combatants..." Para. 8

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"Thereafter Betty Bigombe, Minister of State for Pacification of Northern Uganda, attempted to walk a middle ground, trying to keep the door open for negotiation, but also introducing some vigorous anti-insurgency measures, such as arming community defence groups

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"The LRA responded with violence against people thought to be government collaborators..." Para. 8

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"Neverthless, in 1994 Betty Bigombe managed to engage the LRA in peace talks and arranged an uneasy ceasefire. However, following President Museveni's ultimatum to the LRA in Feburary 1994, the killing resumed." Para. 9

#OngwenVerdict

"President Museveni claimed that he had recieved military intelligence showing that the LRA was only involved in peace negotiations in order to build up their military capacity..." Para. 9

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"...but it has also been noted that, although expensive, the war in the north had certain political advantages for the Uganda government..."

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"In the mid-1990s, Yoweri Museveni's NRA became the Ugandan People's Defence Force (UPDF)" Para. 9

#OngwenVerdict

"An anti-insurgency adopted by the Ugandan government was to remove the population from rural areas where it might assist the rebels, either out of choice or due to fear of what would happen to them if they did not..."

#OngwenVerdict

"In some instances, such removals are claimed to have been violently enforced..." Para. 10

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"...The LRA had base camps in South Sudan, recieved weapons and military training from the Sudanese government and with this support became a more substantial military force..."

#OngwenVerdict

"...It fought on the Sudanese Government's behalf against the Sudan People's Liberation Army, while also launching attacks into Uganda against the Ugandan army and civilians in a continuation of its own conflict with the Ugandan government..."

#OngwenVerdict

"...During the late 1990s, international pressure on the Sudanese government increased, and further intensified following the attacks on the United States of America on 11 September 2001..."

#OngwenVerdict

"...the Sudanese government was persuaded to give permission for the so called "iron fist" incursions from Uganda, which officially started in 2002. The iron fist campaign involved an estimated 10,000 Ugandan troops, logistical support from the USA..."

#OngwenVerdict on the attack on Pajule IDP camp:

"Government soldiers within the camp fled in the face of the attacking force, while government soldiers in the barracks managed to hold the barracks under heavy fire from the LRA..." Para. 148

#OngwenVerdict

"About an hour after the LRA began their attack on Odek IDP camp, the LRA attackers retreated from the camp in the face of the arrival of government reinforcements..."

#OngwenVerdict on the Lukodi IDP camp attack:

"...Government soldiers engaged the LRA fighters and then quickly fled. The remaining civilian population in the camp were left defenceless..." Para. 181

#OngwenVerdict on the Abok IDP camp attack:

"...while government soldiers were able to defend the new barracks, the soldiers within the camp itself were not able to stop the LRA's attack on the camp. These soldiers in the camp fled. The LRA attacked the civilians in the camp..."

#OngwenVerdict testimony of P-0233, a former member of the LRA who was abducted:

"...the witness testified about experiences which incriminated the LRA as well as government forces..." Para. 319

#OngwenVerdict testimony of P-0264, also an LRA abductee:

"...testified that he was abducted in 2002 at the age of 11, however his national ID card indicates that he was born in 1989 which would have made him 12 or 13 at the time of his abduction in 2002..."

#OngwenVerdict P-0264 explanation for the age discrepancy:

"the witness explained that other records indicating his age were destroyed in the course of the conflict and that government authorities erroneously estimated the age noted in his national ID card after his return..."

#OngwenVerdict testimony of Prosecution witness Dick Okot on the Pajule IDP camp attack:

"...the witness testified about events which incriminated the LRA as well as events which incriminated government forces, indicating that his testimony was not biased..."

#OngwenVerdict

Testimony from 6 members of Uganda's military (UPDF): 5 called by the Prosecution & 1 by the Defence

Testimony from LDUs/Arrow Boys/Amuka: 7 witnesses all called by the Defence

#OngwenVerdict

If you want to know more about the arrow boys, read this article:
monitor.co.ug/uganda/news/na…

"The NRM vice chairman for eastern region, Capt Mike Mukula, has criticised government’s failure to recognise contributions made by the Arrow Boys millitia group..."

#OngwenVerdict

The one elected government official who testified: Lapolo Santos Okot, resident commissioner in Northern Uganda since 2001 who recently passed on from #COVID19

independent.co.ug/delay-to-acces…

Other government officers or agents who testified:

P0017 a police investigator who examined the crime scene of Lukodi IDP camp after the May 2004 attack.

I found this 2013 post from @PoliceUg interesting:

upf.go.ug/uganda-police-…

Martin Kalyemenya also testified. He was the government pathologist who examined the deceased persons after the Lukodi IDP camp attack in May 2004:

As a young pathologist, he testified in the infamous 2002 criminal case against Sharma Kooky.

monitor.co.ug/uganda/lifesty…

#OngwenVerdict

"Timothy Nabaasa Kanyogonya, prosecution witness who testified about "his role as liaison between the Uganda Ministry of Defence & the UPDF on one side, and the ICC prosecution on the other, for purposes of providing material collected by Ugandan authorities..."

#OngwenVerdict

Officials of Uganda's Internal Security Organisation (ISO), the UPDF technical intelligence department and the police were also involved in intercepting LRA radio communications. They testified in court.

There is this interesting law:

ulii.org/ug/legislation…

#OngwenVerdict on the objectives and policies of the LRA:

"...P-0406 testified about a speech given by Joseph Kony to the assembled members of the LRA, in which Joseph Kony stated that he was a prophet, sent to "save the Acholi community from poverty"..."

#OngwenVerdict still on the objectives and policies of the LRA:

"...P-0085 similarly testified that he came to know that the LRA was fighting because of "bad government", which "took away the wealth of the Acholi people and the Langi..."

Conflict triggers?

#OngwenVerdict

"Several witnesses testified of occurences of abuse of camp residents at the hands of government soldiers, & that the government soldiers & local defence units mandated to protect IDP camps were understaffed & did not offer sufficient protection..."

#OngwenVerdict

"Joseph Balikudembe, a UPDF officer, explained that local defence units (LDUs) were under UPDF "leadership guidance to make sure that they locally help the UPDF fill the gap...their purpose was to protect their own people" Para. 1151

monitor.co.ug/uganda/news/na…

#OngwenVerdict

"...D-0065 testified that the LDUs belonged to the government and were generally paid monthly salaries and given flour each week..."

Here is a recent one from 2020 about failure to pay LDUs

independent.co.ug/ldus-in-kitgum…

#OngwenVerdict

Still circling back to the Abok IDP camp attack:

"...camp resident Cyprian Ayoo testified that after several exchanges of gun fire, he heard government soldiers within the camp saying that "these people have defeated us so we should all run away"..."

#OngwenVerdict

"The evidence is clear that the deaths in Abok IDP camp were directly related to the LRA. The Chamber has found many witnesses with credible, first-hand accounts of what happened at Abok-none ever mentioned seeing a government soldier kill a camp resident..."

#OngwenVerdict

So after my ctrl+F bliss, it is safe to conclude that this judgement will tell you something about Uganda's conflict history, the role of our security agencies, Uganda's relations with the US and Sudan, the impact of socio-economic factors in triggering conflict!

Ok, now onto this victim participation concept & #OngwenVerdict A favourite subject of mine!

Step 1: No victim was listed as unrepresented which is a good thing!

The Office of Public Counsel for Victims and the Legal Representatives for Victims each got a mention! They both had an opportunity to make opening statements at the start of the trial in December 2016.

Ok, now let us get down to number of witnesses called by each party:

Prosecution: 116
The two teams of legal representatives for victims: 7
Defence: 63

#OngwenVerdict

In June 2018, the Chamber conducted a judicial site visit! In this piece from @ijmonitor you will see how much community members appreciated this act on the part of the Chamber.

ijmonitor.org/2018/06/commun…

A total of 4095 victims participated in these proceedings!

This 2016 piece from @newhumanitarian shows that
in 2006, some 1.8 million people had been displaced and tens of thousands kidnapped, mutilated or killed by the LRA!

thenewhumanitarian.org/2016/02/17/how….

So many still left out!

#OngwenVerdict victims of the attack on Odek IDP camp included elderly civilians, children, a pregnant woman as well as women carrying babies tied to their back. Para. 167

"noting that these women are all victims of prolonged enslavement, physical/sexual violence, & other suffering, the chamber has also not placed much weight on failures to articulate difficult details of their life during initial interviews with the Prosecution..."

Law is humane!

#OngwenVerdict The judges in trying to understand the discrepancy in P-0366's application for participation, recognizes that "applications for participation in the proceedings as victims were not always compiled in ways which guarantee their accuracy..." Para. 415

#OngwenVerdict in looking at the discrepancy between P-0396's victim application & her testimony, the chamber emphasises that applications for participation as victims in proceedings before the court are not witness statements. Para. 424

The reasoning for the Chamber conclusion is this:

"Participation applications are taken in circumstances where it is not established that the facts narrated by the applicants are accurately recorded including interpretation & reading back to the applicant before signature..."

On discrepancies of witness testimony with other docs including victim applications:

"...in general the testimony is more important given the Chamber's lack of knowledge about the circumstances about how other accounts are derived & the witness' oath before the Chamber"

#OngwenVerdict

The chamber accepted one prosecution witness' clarification that her victims' application form did not reflect what she stated when the form was filled out for her.

Why does it seem like something is off about this interpretation?

#OngwenVerdict

But again the judges clarify:

"...information provided on a victim application form is unsworn and intended for another purpose. The discrepancy does not undermine the Chamber's view of the witness' credibility..."

But still, seems strange, right?

Robson Oper, P-0286 "readily admitted that he lied about what he lost during the attack. Chamber let it slide!

What I find interesting is his explanation: : "...I needed to say that so I could also be part of the people who would get compensations in case that ever happens..."

Expert testimony by Dr. @atimapunyo talking about the report assessing the physical, material & psychosocial effects of the attack on Odek, Lukodi & Abok IDP camps is "candid, clear & comprehensive"

But judges say it doesn't directly underlie their analysis proving the charges!

OPCV expert witness: Prof. Michael Wessells who testified about the psychological, social, developmental & behavioural consequences of child conscription, among others. Chamber "notes his evidence" & again says it doesn't directly underlie their analysis proving the charges!

OPCV expert witness: Prof. Seggane Musisi, Prof. of psychiatry at @MakerereCHS testifies on the interplay of Acholi culture with traumas & PTSD. Chamber also "notes his evidence" & again says it doesn't directly underlie their analysis proving the charges!

Throughout the judgement, the Chamber mentions the names of some of the victims during this attack.

Para. 1761 is particularly interesting. The judges list "David Otim and an unnamed stabbing victim"

Even when there is no name, the chamber still recognizes the victim!

On the Abok IDP attack, the judges' reality check:

"while it is noted that the number of victims alleged in the charges is specified as an approximate number, the Chamber is of the view that the number of persons killed by the LRA actually exceeds the 28 bodies collected..."

The Chamber also disagreed with the Defence that "former LRA members are unreliable witnesses on the issue of mental health because of their own victimization in the same coercive & hostile environment of the LRA"

#OngwenVerdict

The judges acknowledge that #Ongwen was abducted at a young age by the LRA.

Indeed, other young people had similar experiences like Ongwen!

However, the judges add:

1. He committed them when he was an adult
2. "The fact of having been (or being) a victim of a crime does not constitute, in and of itself, a justification of any sort for the commission of similar or other crimes..."

#OngwenVerdict

Victim witness who testified about the #Ongwen
attack in Abok including his LRA abduction. He was "forthcoming and candid". The Chamber was both internally consistent and consistent with other reliable evidence.

Victim witness Gibson Okulu, V-0004: testified about his experience in the course of the Lukodi attack. The Chamber was convinced that he spoke of his personal experiences.

#OngwenVerdict the opportunities victims get to tell their stories to the world!

Victim witness V-0002 who had an opportunity to testify before the judges is also specifically recognized among the civilians abducted in Abok & forced to work for the LRA.

On numbers, the chamber refers to the Lukodi memorial plaque commemorating the dead in the area which lists 45 persons as those killed during the attack. However the judges note that there is scarce information as to how these names were collected.

theeastafrican.co.ke/tea/magazine/r…

In short, yes victims participated. Was it enough? I do not think so. I wish more of them had been given the opportunity to share their experiences in court!