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The southern Sudanese border has been flung into the spotlight
of late, once again because of a civil war. This time its
not Sudan's own war, but that of neighbouring Uganda.
A new chapter in the two-decade conflict was opened on 17
September 2006 when Joseph Kony, leader of the Lords Resistance
Army (LRA)-the primary rebel force in Uganda-arrived in Sudan
for talks with the Ugandan Government that he once terrorized.
Amid mass inter-national appeal for his indictment, LRA has
begun to fulfil its obligations to the recently negotiated
ceasefire. However, this precarious peace hinges on one issue
of serious contention: the granting of amnesty for Kony and
other LRA leaders. The result has only complicated the ongoing
debate regarding the role of national sovereignty and its
relation to the International Criminal Court (ICC) at The
Hague.
The question of amnesty is of the utmost importance, not simply
in the consideration of a sustained peace but also when one
reflects on the atrocities committed by LRA. According to
Human Rights Watch, the actions of the Resistance Army are
among the most atrocious criminal acts ever committed and
have been universally denounced in international humanitarian
law. Even until the most recent negotiations, LRA has continued
to employ horrific tactics, sadly all too common in African
conflicts. Despite the obvious progress made through the recently
proposed armistice, one must ask: "What will be the overall
costs, domestically and internationally, of setting a precedent
for amnesty?"
As civil wars go, African conflicts have historically proven
to be the bloodiest. Considering the proposition of amnesty
for LRA, two fundamental questions arise: first, "Is
amnesty in tune with the psychological and sociocultural aspects
of victim recovery?" Many scholars would say no. Obtaining
justice is often seen as a vital recovery step-for it clearly
reinforces that the crimes committed were universally unacceptable-and
acts as a deterrent for future carnage. Furthermore, because
of the integrated role of the victim in the ICC, retribution
also fundamentally assists in the healing process on a national
level. From this perspective, amnesty for the primary actors
in such a conflict would be a horrific notion.
Conversely, however, many will correctly note that such retributive
actions have a clear historical stigma. As a deterrent, the
threat of legal prosecution is often quite limited. Socially
speaking, culturally grounded and discourse-based reconciliation,
rather than formal punishment, might offer a more appropriate
avenue to conflict resolution. This divergence illustrates
one of the clear ideological conflicts in international politics.
What is more essential to social progress-peace or justice-and
at what price does each come?"
During recent proceedings, a second and more nuanced concern
has emerged. Does the Ugandan Government, under President
Yoweri Museveni, even have the authority to offer amnesty
as a bargaining chip? National sovereignty suggests that the
Government is in fact well within its rights in dangling amnesty
as the preverbal golden carrot. However, Uganda, which has
signed and ratified the Rome Statute of the ICC, obliges its
Government to cooperate with the Court. These circumstances
complicate the situation, for wounded nations historically
have been willing participants during the ad hoc tribunals.
Liberia, as of late, has also had to struggle with this complicated
question, essentially forcing its President, Ellen Johnson-Sirleaf,
to choose between domestic tranquility and international justice.
With the detainment of the country's former leader, Charles
Taylor, in early 2006, Ms. Sirleaf's hand was forced-her administration
is now in full support of the ICC. Liberia seems to be maintaining
at least the air of stability, and time will tell if it will
hold.
Similarly, the Ugandan Government is at a political juncture.
On the one hand, there is the hope for a sustained peace;
on the other, the promise of international justice. Both are
vital to reconstruction, but one must supersede the other,
plotting a course that may set a global tone in matters of
war crimes. Ultimately, if history is any indicator, not only
is it impossible to attain both peace and justice simultaneously,
but rarely is even one of these lofty goals easily achieved.
As in many international discussions, answers are never clear-cut.
Only time will be the true judge.
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