Book contents
- Frontmatter
- Contents
- Acknowledgments
- Foreword by HE Judge Sang-Hyun Song
- Foreword by Patricia O’Brien
- Foreword by Silvia A. Fernandez de Gurmendi
- List of abbreviations
- Introduction: bridge over troubled waters?
- PART I General reflections
- PART II Origin and genesis of complementarity
- PART III Analytical dimensions of complementarity
- PART IV Interpretation and application
- PART IV (Continued) Interpretation and application
- PART V Complementarity in perspective
- PART VI Complementarity in practice
- 31 Making complementarity work: maximizing the limited role of the Prosecutor
- 32 Positive complementarity in action
- 33 Complementarity and the construction of national ability
- 34 The Colombian peace process (Law 975 of 2005) and the ICC’s principle of complementarity
- 35 Darfur: complementarity as the drafters intended?
- 36 Complementarity in Uganda: domestic diversity or international imposition?
- 37 Courts, conflict and complementarity in Uganda
- 38 Chasing cases: the ICC and the politics of state referral in the Democratic Republic of the Congo and Uganda
- 39 A problem, not a solution: complementarity in the Central African Republic and Democratic Republic of the Congo
- 40 Complementarity and the impact of the Rome Statute and the International Criminal Court in Kenya
- Index
- References
37 - Courts, conflict and complementarity in Uganda
from PART VI - Complementarity in practice
Published online by Cambridge University Press: 05 November 2014
- Frontmatter
- Contents
- Acknowledgments
- Foreword by HE Judge Sang-Hyun Song
- Foreword by Patricia O’Brien
- Foreword by Silvia A. Fernandez de Gurmendi
- List of abbreviations
- Introduction: bridge over troubled waters?
- PART I General reflections
- PART II Origin and genesis of complementarity
- PART III Analytical dimensions of complementarity
- PART IV Interpretation and application
- PART IV (Continued) Interpretation and application
- PART V Complementarity in perspective
- PART VI Complementarity in practice
- 31 Making complementarity work: maximizing the limited role of the Prosecutor
- 32 Positive complementarity in action
- 33 Complementarity and the construction of national ability
- 34 The Colombian peace process (Law 975 of 2005) and the ICC’s principle of complementarity
- 35 Darfur: complementarity as the drafters intended?
- 36 Complementarity in Uganda: domestic diversity or international imposition?
- 37 Courts, conflict and complementarity in Uganda
- 38 Chasing cases: the ICC and the politics of state referral in the Democratic Republic of the Congo and Uganda
- 39 A problem, not a solution: complementarity in the Central African Republic and Democratic Republic of the Congo
- 40 Complementarity and the impact of the Rome Statute and the International Criminal Court in Kenya
- Index
- References
Summary
There may be a tendency in some circles not to see what has happened in Uganda through the lens of complementarity. To date, a national investigation into those Lord's Resistance Army (‘LRA’) leaders under arrest warrants from the International Criminal Court (‘ICC’) has yet to be opened, and any question of a challenge to the jurisdiction of the ICC is premature as remarked on by the Court itself. But at the same time, the case of Uganda highlights many important aspects of how complementarity may operate in practice. In Uganda, the ICC arrest warrants were a central issue in the peace talks between the government of Uganda and the LRA held at Juba from 2006 to 2008. This caused mediators and the parties to seek innovative solutions to accountability questions that sought to be compatible with the Rome Statute. It was significant that those involved did not seek to argue that traditional justice by itself would suffice to fulfil complementarity. The proposal put forward during the Juba talks represents a comprehensive vision for national accountability which, if it were fully implemented, would be highly significant for Uganda moving forward out of years of conflict. The fact that the final agreement negotiated at Juba was not signed of course complicates the pursuit of this vision.
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- Chapter
- Information
- The International Criminal Court and ComplementarityFrom Theory to Practice, pp. 1155 - 1179Publisher: Cambridge University PressPrint publication year: 2011