Dominic Ongwen, a former senior commander in the rebel Lord’s Resistance Army, at the International Court in The Hague, Netherlands before sentencing. (Credit: icc.int)
By Gary Raynaldo DIPLOMATIC TIMES
The International Criminal Court (ICC) on Thursday sentenced Dominic Ongwen, a former Ugandan child soldier who became a commander of the rebel Lord’s Resistance Army (LRA) to 25 years in prison for war crimes including murder, rape, sexual enslavement, child abduction, and torture. The sentencing followed the Trial Judgment in which the ICC Chamber found him guilty for a total of 61 crimes comprising crimes against humanity and war crimes, committed in Northern Uganda between 1 July 2002 and 31 December 2005. The period of his detention between 4 January 2015 and 6 May 2021, will be deducted from the total time of imprisonment imposed on him. The sentence may be appealed before the ICC Appeals Chamber by either party to the proceedings.
Judge Bertram Schmitt, Presiding Judge, read a summary of the Chamber’s decision. Judge Schmitt highlighted that the Chamber was confronted in the present case with a “unique situation”. The summary noted the Chamber “is confronted with “a perpetrator who wilfully and lucidly brought tremendous suffering” upon his victims. The summary also noted, however, it is confronted with a perpetrator who himself had previously endured extreme suffering himself at the hands of the group of which he later became a prominent member and leader.
The Chamber decided to give certain weight in mitigation to the circumstances of Dominic Ongwen’s childhood, his abduction by the Lord’s Resistance Army (LRA) at a very young age and his early stay with the LRA. Ongwen, who was taken into ICC custody in 2015, was convicted in February of 61 out of 70 alleged crimes. The Chamber rejected the Defence’s arguments, recalling its analysis of evidence in the Judgment issued on 4 February 2021, and considered that the mitigating circumstances of substantially diminished mental capacity and duress are not applicable.
The LRA terrorized Ugandans for nearly two decades as it battled the government of President Yoweri Museveni from bases in northern Uganda and neighbouring countries.
The Chamber, by majority, decided to impose a joint sentence of 25 years of imprisonment. According to the ICC ruling, the Majority, composed of Judge Bertram Schmitt and Judge Péter Kovács, “is of the view that this joint sentence adequately reflects the strongest condemnation by the international community of the crimes committed by Ongwen and acknowledges the great harm and suffering caused to the victims. At the same time, the Majority held that such a joint sentence acknowledges Ongwen’s unique personal history and safeguards the prospect of his successful social rehabilitation and, consequently, the concrete possibility of future re-integration into society. Judge Raul Cano Pangalangan appended a partly dissenting opinion on this matter as he would have sentenced Ongwen to a total period of imprisonment of 30 years.”
The Chamber also issued Thursday an order for submissions on reparations. It emphasised that the right of victims to reparations is also an essential part of the system of justice at the Court, and stated that it will push forward the reparation stage of the proceedings with vigour and the utmost care.
The Defense argued that Ongwen was a “victim” himself, and was only following orders.
