In a report released 1st October 2010, Uganda, along with several other countries, has been implicated by the United Nations (UN) for committing war crimes and crimes against humanity in the Democratic Republic Congo, between 1993 and 2003. The crimes include systematic rape of women and girls; wanton torture and massacre of un-armed civilians; plunder of Congo’s natural wealth – including timber and minerals; and malevolent obliteration of civil infrastructure.
As expected, the Ugandan government summarily rubbished the report as "a compendium of rumours, deeply flawed in methodology, sourcing and standard of proof" and threatened to review its continued engagement in peace keeping missions in Somalia, Sudan (Darfur), Ivory Coast, and East Timor.
This is not the first time Uganda has been implicated for international crimes. In December 2005, the International Court of Justice ruled in the Democratic Republic of Congo vs Uganda case, that Uganda violated the principles of non-intervention under Article 2(4) of the UN Charter, and further violated international human rights and humanitarian law when it launched military operations in the DRC between 1998 and 2003. Uganda had pleaded self defence, but the Court explicitly rejected this claim, holding that Uganda should pay reparations to the Congolese government amounting to $10 billion.
The latest UN probe which was conducted between July 2008 and June 2009, sought to unearth evidence of war crimes and crimes against humanity that had not been documented before. The Congolese government has welcomed the report and reaffirmed its commitment to seeking international justice for all crimes committed. If indeed the International Court of Justice at Hague finds merit in the allegations, Uganda could be ordered to pay additional billions of dollars for reparations or witness convictions for responsible individuals.
While Uganda will certainly have its day in court at Hague, the chances of vindicating itself appear bleak. It its improbable that Minister Sam Kutesa will buttress his claim of a “…deeply flawed [investigation]…,” when some of the best investigators in UN based their conclusions on interviews with over 1,280 witnesses and a thorough review of more than 600 incidents.
Army Spokesman, Lieutenant Colonel Felix Kulayigye, argues that Uganda was denied natural justice since it was not asked about the allegations to get its “side of the story." Granted, “natural justice” would have added methodological rigour to the investigation, but it would not have altered the core conclusion of the investigation, i.e. that war crimes and crimes against humanity were unleashed against Congolese civilians over the 1993-2003 occupation of Congo by Uganda and other countries. It would be miraculous for any measure of “natural justice” to discredit evidence given by 1,280 witnesses. But for the comfort of Lt. Col Kulayigye, Uganda will certainly access “natural justice” at Hague.
The tendency for government or the Army to plead innocence – even in the face of overwhelming evidence of war crimes and crimes against humanity – should be a concern to Ugandans. The state should have the humility to admit that yes – crimes may have been committed during the occupation – not by the state as an institution though, but by individual elements within the institution. It should then proactively establish mechanisms, or support international efforts to identify, isolate and prosecute those individuals that may have perpetrated the crimes.
In that way, accountability for crimes committed would rest upon individual perpetrators, not the state or its citizens. It would also send a strong signal that those who commit war crimes and other related atrocities while on state duty will be held individually and severally accountable for their actions. The $10 billion reparation for the 2005 Hague conviction is bad enough; Innocent Ugandans should no longer be collectively punished for crimes committed by individuals or groups of individuals on state duty. It is unfair, unethical, and illogical. Without favour, the state must cooperate with the International Court of Justice to end impunity and render justice to victims of the Congo war crimes.
