How safe is Museveni after Lubanga conviction?
By Charles Ochen Okwir
19th March 2012: The International Criminal Court [ICC] in The Hague has finally convicted Congolese warlord Thomas Lubanga of recruiting child soldiers between the ages of nine and 15. The three trial Judges unanimously agreed on Wednesday 14, March 2012 that the prosecution had proved its case “beyond reasonable doubt”.
As President of the Union des patriotes congolais (Union of Congolese Patriots) (UPC), and Commander-in-Chief of its military wing the FPLC, Lubanga had “…actively supported recruitment initiatives, for instance by giving speeches to the local population and the recruits”…and was responsible for “the conscription of child soldiers” – some of whom he used as “personal bodyguards”.
The Implications
The ICC prosecutors proved that children as young as 11 were recruited from their homes and schools and taken to military training camps where they were beaten and used as sex slaves before being taken to fight in brutal wars between 2002 and 2003. It’s this particular aspect the case that could give it far reaching consequences.
In a report titled ‘UN finds Congo Child Soldiers’ published on the BBC website on Wednesday, 21 February, 2001, the United Nations agency for children, UNICEF claimed that it had discovered 163 child soldiers from the Democratic Republic of Congo at Kyankwanzi training camp, the venue of the NRM’s regular retreats!
The children were allegedly brought to Kyankwanzi to attend “political education” and military drill training. The UNICEF-led team, we were told, spent three days in Kyankwanzi, identifying and registering the group of children who had been living there for six months. The UN’s news agency IRIN also reported this case – adding to the credibility of the BBC report.
The Taylor Precedent
Former Liberian President Charles Taylor today stands accused of 11 counts of, inter alia, war crimes, crimes against humanity, and other serious violations of international humanitarian law before the Criminal Tribunal for Sierra Leone sitting in The Hague – the same place where Thomas Lubanga learnt his fate last week.
Taylor was charged on the basis that he allegedly backed Foday Sankoh’s Revolutionary United Front (RUF) rebels who were accused of abducting children and forcing them to become fighters during the conflict in Sierra Leone. Prosecution also alleges that Charles Taylor bears responsibility for the Liberian forces believed to have fought alongside the RUF.
In a nutshell, the prosecution’s case is that Charles Taylor bears individual criminal responsibility for planning, instigating, and aiding and abetting the commission of war crimes by providing military training and support to the RUF and other Sierra Leone rebels groups.
How safe is Museveni?
Therefore, with the benefit of the facts of Charles Taylor’s trial, we must now ask ourselves this crucial question: If the BBC and IRIN reports cited above are indeed accurate, then how safe from [criminal] prosecution is Ugandan President Gen. Yoweri Museveni? After all, as president and Commander-in-Chief, it was his implied consent that enabled the 163 Congolese children to be trained as child soldiers at Kyankwanzi.
Apart from the possibility of facing charges for directly aiding and abetting the training [at Kyankwanzi] of Congolese children into Thomas Lubanga’s rebel army, Museveni, like Charles Taylor, may also have to answer very uncomfortable questions about why he failed to “…take reasonable measures to prevent or punish the crimes while knowing or having reason to know about them.”
Challenge for the ICC
Following the indictment of Lord’s Resistance Army [LRA] rebel leader Joseph Kony, critics of the ICC accused it of bias. They asked why the ICC only indicted the LRA leadership and turned a blind eye to evidence that could have implicated top Ugandan army officers in the commission of war crimes and crimes against humanity.
Writing in the Daily Monitor last week, Prof Mahmood Mamdani pointed out some key facts which lend some credence to accusations of bias against the ICC. “…Young adults recall the time from the mid-90s when over 80 per cent of the total population of three Acholi districts was forcibly interned in camps – the government claimed it was to “protect” them from the LRA. But there were allegations of murder, bombing, and burning of entire villages, first to force people into the camps and then to force them to stay put.” Mamdani said.
Even on the global stage, the ICC’s fairness and credibility is being called into serious question – with many asking why it seems to be more interested in indicting Africans for war crimes and crimes against humanity. When it indicted Sudanese President Omar El Bashir, the ICC showed that it has the courage to indict sitting presidents.
Whether or not the ICC decides to give Museveni the same treatment Charles Taylor got could be the ICC’s first post-Lubanga conviction credibility test. It really has its work cut out. END. Please login to www.ugandacorrespondent.com every Monday to read our top stories and anytime mid-week for our news updates.
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Museven and kagame will remain responsible for the death of President Habyalimana and President Ntalyamira of Burundi in 1994. Museven received APCs type; BTR60 and SAM 16 missiles all were russian make.Kagame had Rwegyema had full access to these weapons. The criminal kaguta, had flown out of the country the day before RPF attacked Rwamda. Rwigyema and kagame took with them whatever they needed for the war including the SAM 16 missiles,which were used to bring down Habyalimana’s jet. These two chimps, Museven and kagame should face the same treatment. Gaddaffi’s chief spy has been arrested and am going to ask the investigation team to question Sanussi about the missile delivery to museven in 1987 and 1988. these weapons were off loaded at the Entebbe old Air port and transported to Bombo Artillery and Air Defence. We’ve got the eye witnesses and ready to testfie before the ICC.
It is a reprieve for African countries and the rest of the World on the dimension ICC has taken in conclusion to the Thomas Lubanga’s case, the former President of Union of the Congolese Patriots(UCP).
Few decades ago, Africans could not believe that the effect of ROME STATUTE, could tame the rogue, merciless and defiant African warlords and despotic African Presidents. African authoritarian Presidents had the zeal of hogging in power as they believed in the rule of gun to silence their critics and more importantly political dynasty to safeguard against their ill acquired wealth, crime against humanity, political assassination etc.
With the advent of ICC, few remaining African dictators will slowly budge and accede to democracy championed by the environment. In this regard and behalf of African youths,I would call upon the ICC to stringent its rules pertaining to capital offenses including crime against humanity, political assassinations, economic crimes etc to ensure that perpetrators of the offenses are subjected to maximum sentence. This would slowly change our polarized and acrimonious environment to docile society.
Analyzing core matters in Thomas Lubanga’s case which incriminated him, included the recruitment of youths between nine (9) to fifteen (15) of age to act as his foot soldiers. If this was the case, then it would also apply to National Resistant Army (NRA) during their struggle to overthrow the military Junta General Tito Okello in 1986. Majority of Museveni’s foot soldiers were below fifteen (15) years of age as they were video taped.
Since the precedent has already been set by convicting Thomas Lubanga on the offense, then we expect thorough investigation by ICC on Museveni’s 1986 gorilla war which overthrew General Tito Okello and he should also appear before ICC to answer charges that may have been committed during his struggle to ascend to power.
BOB AWITI – OTANGE
KISUMU CITY
not you alone every body knows that museveni kidnap a lot of kids in bulemezi in earlier 1983 to 1986 and he used alot of rwandese and burundi who were bein in bukoba for long time since 1958 , to bring him to power and all this kids there are all dead ,and there families there are not even to have avoice to us dictator museveni for the crime he did against humanity , and and killing robbing rap putting people in prison for unknow time we have wittness from any corner of this world thanks we need more witnesses mr moto napal