Law students from Uganda Christian University have asked the ICC to free the captured former Lord’s Resistance Army (LRA) war lord Dominic Ogwen unconditionally and charges against him dropped.
The call to free Ogwen by the law students was made on 18 Februaury during an open lecture organized by the UCU human rights association and the Law Faculty in Nkoyoyo Hall.
Ogwen was captured on January 6, by the Seleka rebel group and handed over to the Americans in the Central African Republic and handed over to Ugandan authorities before he was flown for trial on charges of crimes against humanities and several other crimes in the International Criminal Court (ICC) in Hague.
However the law students in their arguments presented to the representatives of ICC in Uganda argued that Ongwen is only a victim of the 29 year old insurgence since he was abducted at an early age of ten years.
The students in the case further argued that Ogwen did not willingly join the rebel group but did it under duress noting that he too lost his parents, an argument the students believe it would be double punishment to trial Ogwen.
The state, the students explained, did not play its role of protecting its citizens from attacks; a laxity they believe is responsible for Ogwen’s fate.
“I pray that the International Criminal Court does not commit such an injustice of causing double punishment to Ogwen,” one of the students argued.
In an interview with The Campusbee, Molly Kyomugisha, a fourth year law student said it is not just to prosecute Ogwen but the ICC should consider the psychological torture Ogwen faced.
“The psychological torture Ogwen underwent at an early age of ten is clearly responsible for his acts,” Kyomugisha argued.
She further explains that instead of prosecuting Ogwen, he should be accorded community rehabilitation given the trauma he underwent when he was made a child soldier.
However, the coordinator of ICC Uganda Maria Mabinty Kamara said Ongwen is charged with three counts of crimes against humanity and four counts of war crimes that were allegedly committed on 20th May 2014 at Lukodi IDP camp in Gulu district.
“This evidence and issue that Ongwen could be a victim of circumstance has not yet been raised at court but if any one raises it, it will be considered.”Kamara said.
Kamara further explained that the lawyers will have to argue out their case systematically and the decision to free or not to free Ogwen basing on the fact that he was abducted lies with the trial judges who will base on evidence produced in court and not humanitarian opinions.
Kamara also challenged universities to introduce international criminal law in their curriculum to create broader understanding of the functionality of ICC.
About the lecture, the Dean of the Law Faculty Dr. Anthony Kakooza said the interaction and open debate with ICC representatives is beneficial to them as a faculty.
“It has come with open opportunities for both students and lecturers to train with the court as interns and improve their understanding of international law,” kakooza said.
According to Dr. Brian Kalenge an expert in human rights the public lecture helps expose and open the mindset of students towards understanding criminal procedure in internal law.
