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Trial Justice

Trial Justice

Tim Allen

(2008)

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Abstract

The International Criminal Court (ICC) has run into serious problems with its first big case -- the situation in northern Uganda. There is no doubt that appalling crimes have occurred here. Over a million people have been forced to live in overcrowded displacement camps under the control of the Ugandan army. Joseph Kony's Lord's Resistance Army has abducted thousands, many of them children and has systematically tortured, raped, maimed and killed. Nevertheless, the ICC has confronted outright hostility from a wide range of groups, including traditional leaders, representatives of the Christian Churches and non-governmental organizations. Even the Ugandan government, which invited the court to become involved, has been expressing serious reservations. Tim Allen assesses the controversy. While recognizing the difficulties involved, he shows that much of the antipathy towards the ICC's intervention is misplaced. He also draws out important wider implications of what has happened. Criminal justice sets limits to compromise and undermines established procedures of negotiation with perpetrators of violence. Events in Uganda have far reaching implications for other war zones - and not only in Africa. Amnesties and peace talks may never be quite the same again.
Dr Tim Allen Is a Reader at the London School of Economics and Programme Director of the post-graduate programme in Development Studies.
'..an excellent book on the northern Uganda conflict...' Carlos Rodriguez, Ugandan Observer '...excellent and very up-to-date book...Tim Allen's book is really valuable. It contains a wealth of background material, and firsthand interview material gathered in northern Uganda, on the issue of the interaction between the ICC and the situation [in Uganda].' Helena Cobban, 'Just World News' 'For those engaged in efforts to improve the lives of people in the north, this book is an informative read. For those who are engaged in the punditry business, it is an imperative...[Allen] brings out all of the issues and engages in a detailed analysis of the diverse views on justice and reconciliation especially for and among the Acholi people with particular reference to the ICC.' The Sunday Vision (Uganda)

Table of Contents

Section Title Page Action Price
Contents vii
Illustrations ix
Acronyms xi
Preface xiii
Map: \rDistricts of northern Uganda affected by the LRA xviii
IDP populations receiving relief assistance xix
1 | Introduction: ending impunity 1
International law and the most serious crimes 4
A resurgence of international criminal trials 9
The creation of the ICC 16
2 | The coming of the Lord’s Resistance Army 25
Political upheavals, spirituality and guerrilla war 28
Joseph Kony and the LRA 37
War and counter-insurgency strategies 44
3 | Displacement and abduction 53
Living in IDP camps 53
Living with the LRA 60
Some experiences of abduction 66
4 | Amnesty, peace talks and \rprosecution 72
The change in political context 72
The Amnesty Act 74
Peace talks 78
Referral to the ICC 82
Reactions to the ICC in Uganda 83
Legal aspects of the ICC intervention 88
5 | Concerns about the court 96
The ICC is biased 96
The ICC exacerbates the violence and endangers vulnerable groups 102
The ICC is spoiling the peace process 117
6 | Justice and healing 128
Institutionalization of ‘mato oput’ 132
A diversity of local views 138
Chiefs, churches and spirits 148
The evidence on healing and justice 160
7 | Conclusion: a learning process 169
8 | Postscript: the warrants 182
Notes 196
Bibliography 218
Index 223