Trial Justice: The International Criminal Court and the Lord's Resistance Army.

• Author: Dickey, Karli
• Position: Book review

TIM ALLEN, TRIAL JUSTICE: THE INTERNATIONAL CRIMINAL COURT AND THE LORD'S RESISTANCE ARMY (2006).

In 2005, after receiving a state referral from Ugandan President Yoweri Museveni, the International Criminal Court (ICC) issued its first indictments against five top commanders in the Lord's Resistance Army (LRA): Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odiambo, and Dominic Ongwen. (1) This move was both controversial and historically significant for reasons outlined in Tim Allen's book, Trial Justice. (2) Trial Justice provides readers with a unique glimpse into Ugandan culture and explains the complexities of the war in a comprehensive and clear manner. Perhaps the most valuable part of the book is found in the numerous interviews conducted with refugees concerning the origins of the conflict and the ICC's involvement in Uganda. (3) The interviews and the opinions expressed therein largely contradict the conclusions numerous scholars have drawn about the adverse impact of the ICC's investigations into the conflict. (4)

From the beginning of its involvement in Uganda, the ICC has continuously been confronted with hostility from a wide range of groups who claim that the Court is both biased and unwanted. (5) These critics, including tribal leaders, representatives of Christian churches, and non-governmental organizations, assert that the LRA's top commanders should be subjected to a traditional tribal type of justice rather than international prosecution. (6) This preferred justice is referred to as mato oput and stresses forgiveness and reconciliation in lieu of prosecution. (7) The desire for a more local and cultural process has received much international attention causing several state governments to finance projects aimed at researching the function of mato oput in Northern Uganda. (8) Unfortunately, these projects fail to consider the beliefs of the average Ugandan citizen and instead focus on the views expressed by the country's leaders. (9) In Chapter 6 of Trial Justice, Allen successfully documents the opinions of people directly affected by the war: refugees. (10) Surprisingly, through interviews conducted with these refugees, Allen discovers that most Ugandans favor international justice and retribution, not forgiveness and reconciliation as numerous Ugandan leaders have suggested. (11)

Allen's excerpts from these interviews provide a unique glimpse into the origins of the war and the impact that the ICC's indictment has had on Ugandan society. Before delving into Ugandans' opinions of the ICC, Allen provides a thorough history of the war, complete with details about the LRA's founder and top commander, Joseph Kony. (12)

1. HISTORY OF THE CONFLICT

   The conflict in northern Uganda is both long and historically complex. The country has suffered from civil unrest since the early 1980s. However, it was not until 1991, with the establishment of the LRA, that the fighting greatly intensified, capturing the attention of countries around the world. (13)

   The modern conflict began in 1986 and concerned the area of Acholiland, a region located in the northern most part of Uganda. (14) In 1985, Tito Okello became president of Uganda as the result of a coup d'etat. (15) Okello grew up in Acholiland, and with his presidency the Acholi people found themselves in a position of power in Ugandan politics. (16) However, this power was short lived because less than six months after taking office Okello was overthrown by the National Resistance Army (NRA) under the command of Yoweri Museveni. (17) In January 1986, Museveni took over the presidency and immediately instructed the NRA to occupy the area of Acholiland in an effort to squash any resistance perpetrated by supporters of Okello. (18) The Uganda People's Democratic Army (UPDA), supported by the Acholi people, fought against the NRA in Acholiland, but eventually this battle proved futile. (19) By 1988, the UPDA was willing to sign a peace agreement with Museveni and the NRA. In June 1988, the Gulu Peace Accords were signed by both groups in an effort to end the two-year civil strife. (20) Most Acholis were willing to stop the fighting and move towards peace, but a percentage of the population...