Shameless Self-Promotion: ICC Justice at Warscapes

Hello – brief note that I had a piece go up last week at Warscapes on the Dominic Ongwen trial at the ICC, now underway. It builds off of my first article for them last March, and parts of it are visible in this post I wrote the day the trial began. Here’s the article, and here’s an excerpt:

The courtroom is thought to be a site of justice, but critics have pointed out that justice often lies beyond the confines of law–that transitional justice, social justice, and a just memory can be attained not only in the courtroom but in  everyday public life. As Giorgio Agamben once claimed, “law is not directed towards the establishment of justice. Nor is it directed toward the verification of truth. Law is solely directed toward judgment.” The ICC case is arguably about judging Ongwen, regardless of what that judgment might mean. The LRA conflict is a good example, as Ongwen will likely be the only person to stand trial, and the four attacks for which he is charged are merely the ones with enough evidence to make it into court. This is shocking considering that the war has ravaged northern Uganda for the better part of three decades, resulting in thousands of killings and abductions and the displacement of millions at the hands of both the army and the rebels. The infamous rebel leader Joseph Kony is still in hiding; most other rebel commanders are dead or have been granted amnesty as part of a counterinsurgency demobilization effort. The Ugandan military has never been investigated for its role in the conflict. As such, Ongwen and the four attacks he is being tried for bear the weight of the quest for justice for countless victims of untold violations.

International criminal law has little room to acknowledge Ongwen’s unique position as both a war criminal and as the victim of war crimes. He himself was abducted as a child and forced into the rebel army in the late 1980s. Charged with the very crimes of which he was a victim, Ongwen’s personal history sheds light on the limits of international criminal justice in complicated situations like the war in northern Uganda. Ongwen has had to live his life in the context of everyday violence. His actions, whether he found himself reluctant or enthusiastic about the beatings, rapes, murders, and abductions he carried out or ordered, were shaped by this environment, making him what Erin Baines, professor at the Liu Institute for Global Issues, calls a “complex political perpetrator.” Growing up in such traumatic times, how does one pursue a moral life? And to what extent is one held responsible for failure in that pursuit? While admitting that “the evidence of many of the child victims in this case could, in other circumstances, be the story of the accused himself,” Chief Prosecutor Bensouda argued that “having suffered victimization in the past is not a justification or an excuse to victimize others.”

The uneasy act of prosecuting a victim-turned-perpetrator, and the continued failure to hold the Ugandan state accountable, are some of the reasons that justice here is seen as a fiction, or as justice only partially realized. For victims of other attacks–for victims of Ugandan state violence, and for victims in South Sudan, Central African Republic, and the Congo–justice still seems out of reach. The pursuit of justice, after all, is the quest to establish a fair and equitable society for all. In northern Uganda, where the president whose ascendancy provoked the LRA into existence is still in power thirty years later and increasingly authoritarian, there is little in the way of justice. The people of the other three countries have fared even worse, both in terms of justice and peace, as each state has seen numerous crises and wars in recent years. If, as anthropologist Kamari Clarke claims, “justice itself is not a thing but a set of relations through which people establish norms of acceptability,” then revealing the truth of what has happened in the war is as important as finding new ways for people to understand and reconcile with one another. This requires much more than a single trial.

Click on through to read the rest. Big props to the Warscapes team and the critical edits that got the piece out rather quickly. Ongwen’s trial will continue into the spring, so I’ll be keeping an eye out as everything moves forwards. I’m sure there will be more.

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