The most interesting aspect of day 1 of the #Ongwen sentencing hearings was the clearly divergent perspectives between the prosecution and victims. #ICC 🧵
Common Legal Representative for Victims Paolina Massidda was shaking her head while the prosecution said: #Ongwen's crimes "would normally warrant a sentence at the very highest level available under the Rome Statute - 30 years or even life imprisonment" #ICC
The prosecution addressed the victims' reps saying that participating victims have recommended such a sentence "and we share their desire for justice and we respect their views. In another case, against another Accused, we might well agree with their recommendation." #ICC #Ongwen
I found the portion of the prosecution's presentation on "selective assistance to victims" quite interesting. I've written several things from a criminological angle on perpetrator assistance to potential victims. It seems quite common, even among perpetrators who are brutal.
The prosecution contends that #Ongwen only helped those he liked or was otherwise close to. I'm not sure if this is true, but it is a typical pattern with all rescue in mass atrocities (even for non-perpetrators). #ICC
Near the end of its presentation, the prosecution attributes #Ongwen's popularity among his troops to the fact he distributed "wives." I don't think this is true - he was popular because he was an effective (and possibly less brutal) commander. #ICC
The prosecution also argued the rehabilitation of #Ongwen is a matter for the enforcement of sentence rather than the sentence itself (but then why does the Prosecution also mention Ongwen's continuing education and medical support in their written submission?) #ICC
Appetitive aggression was discussed in some detail, with the implication that #Ongwen's current mental illnesses may be derived from detention rather than his repeated exposure to and participation in brutal violence from adolescence (my skepticism here) #ICC
The prosecution appears to suggest that #Ongwen might serve his sentence in Uganda and also that Mato Oput could be undertaken during or after his sentence. #ICC (an area for the defence to follow up on post-sentencing perhaps)
The prosecution + victims do agree on many things: deterrence and retribution are at the heart of #ICC sentencing and that (according to the prosecution): "Almost all his children are the product of sexual and gender based crimes." (thus family considerations shouldn't mitigate)
However, the victims devoted a fair amount of energy to countering the prosecution and not just the defence. They say the prosecution sentencing recommendation is "at minimum inconsistent" (i.e. totally wrongheaded) #ICC #Ongwen
After a "can you hear me now?" (videoconference hallmark) Manoba specifies further that "The sentence proposed by the OTP undermines the solid conviction delivered by this chamber and the function that deterrence and retribution has in the Rome Statute." #ICC #Ongwen
He lays into the prosecution saying "even the Prosecution have succumbed to this mawkish notion of Mr. Ongwen's abduction as suitable mitigation for the crimes for which he has been convicted." #ICC #Ongwen
Massidda adds: "these circumstances cannot balance, let alone diminish that, subsequent to his abduction, Mr. Ongwen chose to remain in the LRA..." and that, although his abduction was "unfortunate," he "is not a child soldier." #ICC #Ongwen
The victims and prosecution did not stray far from the content of their written submissions, but the contrast between the prosecution and victims' position was brought into stark contrast in the oral arguments. Tomorrow, we have the defence and #Ongwen's statement. #ICC
I'm very curious to see how #Ongwen presents himself. Obviously, it will be via the filter of Defence counsel, but I think we will still get some sense of his self-image. (in the Ntaganda unsworn statement, for example, his pride in his military standing is clear) #ICC
The smart thing for Defence (in my humble opinion) would be for #Ongwen to at least express contrition/sadness for the war victims, even if he does not directly acknowledge his own culpability. Coupled with emphasizing the tragic aspects of his own trajectory. #ICC
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