Roundup: Uganda's notorious rebel commander to face ICC trial

Following frantic negotiations, the Ugandan government has resolved that Dominic Ongwen, a notorious commander of the Lord's Resistance Army (LRA) rebels, will be handed over to the International Criminal Court (ICC) to face charges of war crimes and crimes against humanity.

Lt. Col. Paddy Ankunda, Ugandan military spokesman told Xinhua by telephone that a decision has already been taken to handover the captured rebel commander to the Hague-based Court to face trial.

Ongwen is one of the top commanders of the rebel outfit wanted by the Court to answer charges of war crimes and crimes against humanity they committed in northern Uganda during their two decade long rebellion until 2006.

"Finally it has been decided. Dominic Ongwen will be tried at the ICC in The Hague. The government is going to issue a formal statement to that effect," Lt. Col. Ankunda said.

"He [Ongwen] will be transferred and conveyed to the Hague by Central African Republic (CAR) authorities. His surrender is a huge success in anti-LRA campaign," he said.

Ongwen is said to have surrendered to CAR's Seleka rebels, who later handed him to U.S. Special Forces and African troops hunting LRA leader, Joseph Kony and his fighters operating in the jungles in northeastern Democratic Republic of Congo (DRC) and CAR.

Linda Nabusayi, deputy press secretary of Uganda's State House in a statement issued earlier on Tuesday refuted reports by the Ongwen that he had received a presidential pardon from President Yoweri Museveni.

"The President has no prerogative and does not claim to have it to pardon terrorists who have abused the sanctity of human life," said Nabusayi.

"Ongwen commanded the LRA's Sinia Brigade which has been blamed for some of the worst atrocities by the LRA including rape, sexual slavery, murder, mutilation," she said.

Ongwen in an audio message broadcast by a local television urged his ex-comrades to abandon rebellion and alleged that President Museveni had forgiven him for the atrocities he had committed.

"I am now a free man despite the ICC case against me. If I can come back then what about you who have no case? Come back home if you don't want to die. Even the president (Yoweri Museveni) has agreed to forgive me since I have surrendered on my own," he said.

Uganda's foreign affairs ministry earlier on Tuesday said that government and the U.S. were in diplomatic talks for the U.S. handover Ongwen to Uganda.

Civil society and human rights organizations last week said the surrender of Ongwen is a significant step in the efforts to bring a final end to the LRA rebellion that has caused havoc in the region. They called for the transfer of Ongwen to the ICC to face trial.

There has been varied legal opinion about the transfer of Ongwen to the ICC. Ugandan President has been critical of the ICC accusing it of 'selective justice' against African leaders. This came in the wake of ICC summoning Kenyan President Uhuru Kenyatta to answer charges of crimes against humanity.

For the case of the LRA, Uganda referred the matter to the ICC to address violations of international criminal committed on its territory. Following the ICC investigations, Ongwen and other top commanders of the LRA including the leader Joseph Kony was charged with war crimes and crimes against humanity. This means the ICC has jurisdiction over Ongwen.

Uganda has also got a Court that can try perpetrators of war crimes and crimes against humanity. This means that this local court has also got jurisdiction over the Ongwen case. Since the ICC plays a complimentary role to the state parties, the matter may be left to the state to handle.

The LRA has been blamed for the killing of over 100,000 people and abductions of more than 60,000 children during a three-decade- long campaign in Uganda, South Sudan, Democratic Republic of Congo and CAR.

The LRA is accused of willful killings, murder of innocent civilians, sexual enslavement, rape, abductions, mutilations, maiming and burning villages. Endi