ICC lecture 2

Focus of the ICC is on prosecuting individuals for serious crimes rather than state disputes.
An important amendment in 2018 added the crime of aggression to its jurisdiction, allowing prosecution of leaders acting illegally against other states.

A map provided shows ongoing and previously investigated cases by the ICC using three shades of blue and black:
- Dark Blue: Cases no longer proceeding.
- Black: Cases currently under consideration.
- Lighter Blue: Cases being reviewed for admissibility.
The ICC prosecutes individuals, and citizens from countries party to the Rome Statute are under its jurisdiction.
The United Nations Security Council can refer cases to the ICC, and independent investigations can be initiated based on credible information.

The focus case is centered on Uganda, specifically the Lord's Resistance Army (LRA) led by Joseph Kony.
- Background involved multiple rebel groups fighting the government in Northern Uganda.
Joseph Kony: Founded the LRA and is accused of extreme brutality, including:
- Forced enslavement and sexual abuse.
- Using children as soldiers.
- Abductions, murder, and additional crimes.
The LRA operated in Uganda and neighboring countries like the Democratic Republic of the Congo, South Sudan, and the Central African Republic.

Uganda ratified the Rome Statute in 2002 and referred the situation to the ICC in 2003.
The case began formally titled Office of the Prosecutor vs. Joseph Kony et al., involving key LRA leaders: Kony, Vincent Otte, Rasca Loquia, Okot Odhimba, and Dominic Ongwen.
Arrest warrants were issued for all five in 2005, but none were captured for years.
- Rasca Loquia died in 2007, leading to dropped charges against him.
After a decade, Dominic Ongwen surrendered in 2015 and was charged with 70 counts of war crimes and crimes against humanity.

Ongwen claimed to be a victim of the LRA, stating he was abducted as a child and forced into being a soldier.
His defense included:
- Evidence of at least two mental health conditions due to his traumatic past.
- Argument that his crimes were committed out of duress for his personal safety.
The trial was lengthy, involving over 4,000 witnesses, as judges traveled to Uganda for better understanding of the situation.

In February 2021, Ongwen was convicted of 61 out of the 70 counts.
Crimes included forced marriage and forced pregnancy, mainly between 2002 and 2005.
Initially facing a life sentence, the court acknowledged Ongwen's history as a child soldier and sentenced him to 25 years in prison, marking a historical first for a former child soldier being convicted.
Ongwen's defense filed an appeal against the verdict, while Joseph Kony remains a fugitive.

Ongwen’s case contributes to total convictions by the ICC, now numbering four.
The effectiveness of the ICC raises important questions:
- How can enforcement mechanisms be strengthened?
- How can cooperation among states be improved in carrying out ICC mandates?
- Prioritization of cases in light of numerous atrocities worldwide.
In 2019, an independent review aimed to address operational and governance issues within the ICC, suggesting over 300 recommendations for improvement.
- Emphasizes the ICC's role in combating impunity for serious crimes against humanity.