The Political-Legal Dilemma and the ICC in the Northern Uganda Conflict: What is the Way Out?

This seminar report from the Institute for Security Studies examines the tension between the International Criminal Court's (ICC) prosecutorial approach and the pursuit of a negotiated peace settlement in the Northern Uganda conflict involving the Lord Resistance Army (LRA). The document discusses the historical context of the conflict, the limitations of international legal arguments regarding deterrence and justice, and the role of traditional justice mechanisms in transitional societies.

• The Juba Peace Process, initiated in 2005, is considered the best opportunity for a negotiated settlement, but ICC indictments of LRA leaders are viewed as the primary obstacle because the LRA demands immunity from prosecution before signing a final deal.
• Arguments for prosecutorial processes are challenged on three fronts: legally, it is noted that wars ending in negotiations typically involve some form of amnesty, whereas prosecutorial processes often follow decisive victories and can result in "victors' justice"; morally, the rights of 'future victims' must be weighed against the justice for past victims; and regarding deterrence, there is no empirical evidence that international trials, such as those for the Rwandan genocide, deterred crimes in the DRC, Central African Republic, or Sudan.
• Traditional Justice Mechanisms (TJMs) in Uganda—such as Mat Oput (Acholi), Kayo Cuk (Lango), and Awadri/Atrita/Trima (Lugbara, Madi)—require perpetrators to acknowledge crimes, show remorse, seek forgiveness, and offer compensation. While useful for low-level perpetrators and less serious crimes, they are generally not compliant with international law for serious violations like genocide, war crimes, and crimes against humanity.
• The report suggests that justice should be viewed as a composite term not limited to punishment, emphasizing that economic justice is particularly important in Northern Uganda where pervasive economic deprivation exists.

APA

Oder, S., Musila, G., & Souaré, I. K. (2008). The Political-Legal Dilemma and the ICC in the Northern Uganda Conflict: What is the Way Out? Institute for Security Studies. https://issafrica.s3.amazonaws.com/site/uploads/UGANDASEMREP040608.PDF

Chicago

Oder, Sandra, Godfrey Musila, and Issaka K. Souaré. The Political-Legal Dilemma and the ICC in the Northern Uganda Conflict: What is the Way Out? Institute for Security Studies, 2008. https://issafrica.s3.amazonaws.com/site/uploads/UGANDASEMREP040608.PDF.

Wikipedia

{{cite report |last1=Oder |first1=Sandra |last2=Musila |first2=Godfrey |last3=Souaré |first3=Issaka K. |title=The Political-Legal Dilemma and the ICC in the Northern Uganda Conflict: What is the Way Out? |publisher=Institute for Security Studies |date=4 June 2008 |url=https://issafrica.s3.amazonaws.com/site/uploads/UGANDASEMREP040608.PDF |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{oder2008politicallegal, author = {Oder, Sandra and Musila, Godfrey and Souaré, Issaka K.}, title = {{The Political-Legal Dilemma and the ICC in the Northern Uganda Conflict: What is the Way Out?}}, institution = {Institute for Security Studies}, year = {2008}, month = jun, url = {https://issafrica.s3.amazonaws.com/site/uploads/UGANDASEMREP040608.PDF}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }