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36 - Complementarity in Uganda: domestic diversity or international imposition?

from PART VI - Complementarity in practice

Published online by Cambridge University Press:  05 November 2014

Carsten Stahn
Affiliation:
Universiteit Leiden
Mohamed M. El Zeidy
Affiliation:
International Criminal Court
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Summary

Complementarity has assumed a role far beyond that of ‘cornerstone’ of the Rome Statute. This chapter reviews the effects that complementarity has catalysed in the Ugandan criminal justice system. Reviewing the effects of an increase in studies of traditional justice, on preparations for a Ugandan War Crimes Court, on a Ugandan International Crimes Act and on Ugandan attention for so-called ‘international standards’, the chapter argues that even though the text of Article 17 of the Rome Statute allows states substantial leeway as to how they wish to render cases inadmissible before the International Criminal Court (‘ICC’), the interpretation by the Court and other proponents of international criminal justice has favoured soft imposition of an international model of criminal justice to diversity among domestic and international criminal justice systems.

Introduction

Complementarity has assumed a role far beyond that of ‘cornerstone’ of the Rome Statute. The principle, which regulates concurrent claims to jurisdiction by domestic courts and the International Criminal Court (‘ICC’), has begun to shape the normative architecture of peace-making. The peace talks between the Lord's Resistance Army (‘LRA’) and the Ugandan government that took place in the capital of South Sudan between 2006 and 2008 are one of the first examples. Complementarity became the lynchpin of the Juba peace talks. The principle has catalysed several developments that were unprecedented in Uganda.

Type
Chapter
Information
The International Criminal Court and Complementarity
From Theory to Practice
, pp. 1120 - 1154
Publisher: Cambridge University Press
Print publication year: 2011

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References

Complementarity in the Line of Fire: The Catalysing Effect of the International Criminal Court in Uganda and Sudan (forthcoming)
By way of exception, the Ugandan Director of Public Prosecutions did charge three LRA leaders in 1999 (Uganda v. Otti Lagony, Kony Joseph and Matsanga David Nyekorach, Charge Sheet, E/31/99, 25 January 1999 and, in the same case, Warrants of Arrest, 4 February 1999, on file with author)
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See Prosecutor v. Thomas Lubanga Dyilo, Decision on the Prosecutor's Application for a Warrant of Arrest, Article 58, ICC-01/04–01/06–8, 10 February 2006, para. 31
Prosecutor v. Germain Katanga, Decision on the Evidence and Information Provided by the Prosecution for the Issuance of a Warrant of Arrest for Germain Katanga, ICC-01/04–01/07–55, 5 November 2007 (decision taken on 6 July 2007), para. 20
Prosecutor v. Mathieu Ngudjolo Chui, Decision on the Evidence and Information Provided by the Prosecution for the Issuance of a Warrant of Arrest for Mathieu Ngudjolo Chui, ICC-01/04–02/07–3 / ICC-01/04–01/07–262, 6 July 2007, para. 21
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For the requirement of the same ‘incidents’, see Situation in the Democratic Republic of the Congo, Decision on the Applications for Participation in the Proceedings of VPRS 1, VPRS 2, VPRS 3, VPRS 4, VPRS 5 and VPRS 6, ICC-01/04–101, 17 January 2006, para. 65 (‘Decision VPRS 1–6’)
Situation in Darfur, the Sudan, Prosecutor's Application under Article 58(7), ICC-02/05–56, 27 February 2007, paras. 265 and 267. See also Rod Rastan (Chapter 15), Section 3
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See Liu Institute for Global Issues and Gulu District NGO Forum, Roco Wat I Acoli, supra note 33, 12, 72 and 124 and Gulu District NGO Forum and Liu Institute for Global Issues, Justice and Reconciliation Project, ‘The Cooling of Hearts: Community Truth-Telling in Acholi-Land’ (2007), 7
Allen, T. in Waddell, N. and Clarke, P., Peace, Justice & the ICC in Africa, Meeting Series Report (2007), 27
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A petition (The Constitutional Court of Uganda at Kampala, Constitutional Petition No. 10, John Magezi, Judy Obitre-Gama, Henry Onoria v. Attorney General, 27 July 2005) challenging the constitutionality of the government's ratification of the Rome Statute was another factor that initially delayed the parliamentary debate
du Plessis, M. and Ford, J. (eds.), Unable or Unwilling? Case Studies on Domestic Implementation of the ICC Statute in Selected African Countries (2008) 93, 94, 99
Finnemore, M. and Sikkink, K., ‘International Norm Dynamics and Political Change’, (1998) 52(4) Int'l Org. 887, 893CrossRefGoogle Scholar
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Drumbl, M., Atrocity, Punishment, and International Law (2007), 13–14, aptly observes that ‘there is little advantage in venerating the local or that which otherwise differs from dominant discourse simply to promote pluralistic difference as an end in itself.…That said, history also boasts of many examples of failed impositions, imperial projects, and cultural manipulation

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