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Title:The annexure to the Juba Peace Agreement on Accountability and Reconciliation: unanswered legal and enforcement questions
Author:Tumwesigye, StephenISNI
Periodical:East African Journal of Peace and Human Rights (ISSN 1021-8858)
Geographic term:Uganda
Subjects:Lord's Resistance Army
peace treaties
offences against human rights
conflict resolution
Abstract:Following several months of negotiation between the Lords Resistance Army (LRA) and the Government of Uganda (GoU), in the southern Sudan capital of Juba, on June 29, 2007, the parties signed an agreement on accountability and reconciliation. On February 19, 2008, the parties signed an annex to the principal agreement, which laid down elaborate procedures on how perpetrators would be held accountable for crimes committed during the conflict. The LRA leader Joseph Kony refused to sign the Peace Agreement on November 30, 2008. As a result, the GoU resumed the offensive against the LRA. One of the key issues in the signing of the Peace Agreement was whether the GoU would be able to convince the International Criminal Court (ICC) to drop the indictments that are on the heads of the LRA commanders in order to carry on national trials. This paper examines the obstacles that Uganda would face in achieving such a goal. It centres on the principle of complementarity and considers those factors that Uganda would have to satisfy in order to render national trials a viable option. It also looks at the issue of fair trial standards in Uganda in relation to international human rights standards, and finally examines the question of whether traditional justice mechanisms are a viable option to secure accountability. Notes, ref. [ASC Leiden abstract]