26 Aug Uganda Inches Away From the ICC
One of the first countries to refer an investigation to the ICC may also be one of the first to seek a withdrawal.
This week folks in Uganda are observing the first anniversary of a tentative cease-fire in the 20-year civil war in northern Uganda. As this interesting article from The Monitor reports, northern Uganda is more peaceful than ever and life is (very) slowly returning to normal, but the peace agreement is still fragile and may be undermined by continuing rebel threats to withdraw unless the ICC drops its arrest warrants for key rebel officials.
Three different international surveys of war victims in northern Uganda suggest that a clear majority want accountability for rebel war crimes. But surveys also found that a clear majority worried about criminal trials undermining the peace deal, and only 29 percent thought the ICC was the proper institution for any trials.
The latest noises emerging from the peace negotiations suggests that government and rebel leaders will set up a special national court for war crimes and, at the same time, seek a withdrawal of ICC arrest warrants. This seems like a promising route, but will the ICC withdraw its warrants? It would depend on the nature of the national court set up, but it will be tough for an ICC prosecutor to say no in such circumstances.
Matthew Happold has an interesting article on the Ugandan referral to the ICC which is worth a read, link is here. He evaluates the legality of the referral and the impact it will have on the ICC’s credibility.