Introduction
"I was just 16 when I killed for the first time, I covered his eyes first with a dirty rag, I used a wooden club to do the job. It only took a minute.", says Grace Achara, a former child soldier. Life was supposed to get easier when you escape for the captivity of the LRA rebel group, but this is just half of many former child soldiers story (Ellison, 2016).
The research topic examined in this report is "The Reintegration of Former Child Soldiers taken by the Lord's Resistance Army in Uganda". The Lord's Resistance Army is known as the rebel group that had been waging a war in Northern Uganda since 1989. This group is a militia group that has been committing gross human rights violations, such as abducting children during the night and forcing them into combat. The human rights infringements that will be addressed are those violated during the captivity of former child soldiers by the LRA. For this specific report the focus will be on the Rome Statute, Article 8, which is categorized under War Crimes. War crimes are "The commission of a range of acts, defined as "grave breaches" in the Geneva Conventions, that are considered violations of the laws and customs of war"(Sriram et al., 2014). However, since the crimes committed are part of an international conflict, the focus will be therefore on the Rome Statute of the International Criminal Court .
The research question for this specific report is: To what extent the abductions committed by the LRA qualify as a war crime?
Furthermore, the courses of action advised and recommendation provided are with the intention of reaching the objective of improving the reintegration process of former child soldiers in Uganda. To which extent this is plausible, will be examined during the report.
Target audience
For this specific report regarding the Reintegration of Former Child Soldiers taken by the LRA in Uganda, the HRW would like to address the following target audience .
The Office of the United Nations High Commissioner for Human Rights
The mandates of the OHCHR mention its role in promoting and ensuring the universal enjoyment and realization of all human rights and enhancing cooperation and coordination of human rights-related activities throughout the United Nations. Due to that, the HRW believes that the OHCHR should take an active part in the protection of human rights infringed during the conflict in Uganda.
The Government of Uganda
The responsibility of every government is to protect and provide for its citizens. The Government of Uganda is mandated to represent their national community, to protect and enforce each and every one of Uganda's citizens' rights. Therefore, the HRW advises the Government to take action.
The Children of Peace Uganda (NGO)
Since the goal of The Children of Peace Uganda is to rebuild lives of children and youth who have returned from being in captivity with the LRA, the HRW targets it to assist with promotion of peace and help for former child soldiers and other abductees.
With the assistance and cooperation of the target audience, the HRW sees the opportunity of improving the lives of the former child soldiers in Uganda.
Human rights infringements
The human rights infringements regarding the problématique of child soldiers by the LRA group in Uganda are categorized as 'War Crimes' in the Rome Statute of the International Criminal Court.
The International Criminal Court is: "Established by the Rome Statute, […], the ICC can try individuals under its jurisdiction for war crimes, […] when and if that crime is defined for the purposed of the Court"(Sriram, Martin-Ortega, & Herman, 2014).
The reason why this Statute is relevant to the case of Child Soldiers in Uganda is due to the fact that in June 2002, Uganda ratified the Rome Statute. Therefore, the ICC may exercise its jurisdiction over crimes listed in the Rome Statute committed on the territory of Uganda or by its nationals from 1 July 2002 onwards (International Criminal Court, 2004).
From the Rome Statute of the ICC, Article 8 part 2, Section A and B which are categorized under War Crimes were violated. From section A, part (ii) and (iii), from section B, part (xxvi). According to the Article 8.2.b, 'war crimes' are "other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law". It is believed that the conflict in which the LRA is actively participating is international, for several reasons. The LRA has been first operating in Northern Uganda. It received support from the Sudanese government that provided the rebel group with weapons and ammunition. The LRA was operating and destabilizing northern Uganda from military bases located in Sudan. By 2013, the LRA moved to the border region of South Sudan, Congo and Central African Republic. Moreover, they linked up with a number of other rebel groups, including the Army for the Liberation of Rwanda (Global Security, 2016).
In the next paragraphs evidence and legal argumentation towards the violation of the abovementioned articles will be further elaborated upon.
Article 8 2 a (ii) (iii)
According to the Article 8(2) of the Rome Statute of the ICC, 'war crimes' also include: "(ii) torture or inhuman treatment, […]"; "(iii) wilfully causing great suffering, or serious injury to body or health" (International Criminal Court, 2002). Evidence of the abovementioned war crimes will now be provided.
Evidence to Article 8 2 a (ii) (iii)
According to the report "Abducted and Abused" , children are beaten by the LRA soldiers a day or two after their abduction. A thirteen-year-old boy was told by the soldiers that it is done to "give us strength, so not to fear what would lie in store for us in the future." Another seventeen-year-old abductee described the beatings of twenty-three new recruits:
Moreover, the report mentions that the captives "were forced to assist in the killing of others, often children and even relatives". They are forced to watch other abductees being killed, and they are not allowed to turn their heads away. Furthermore, a fourteen-year-old abductee described how he was tortured and forced to burn children in their houses (Weber et al., 2003).
The report named "Stolen Children" provides another example of torture or willful causing of serious injury to body or health:
A sixteen-year-old Grace T., two of her sisters and a younger brother were abducted by the LRA rebels in July 2002 for Omoro county in the Gulu district.
Legal argumentation
Drawing on the evidence provided above in the reports and victims' statements, it can be seen that the incidents took place after Uganda ratified the Rome Statute in June 2002. Because of that, the ICC has the jurisdiction over the abovementioned cases. Moreover, the victims described the severe beatings and violent inhumane treatment they allegedly experienced after being abducted and turned into child soldiers by the perpetrators, who are believed to be the LRA fighters. Taking the evidence and statistics into account, there are reasonable grounds to believe that the atrocities committed by the LRA rebels fall under the category of war crimes of "torture or inhuman treatment" and "wilfully causing great suffering, or serious injury to body or health". It falls within the jurisdiction of the Court; therefore, it has a reasonable basis to open an investigation.
Article 8 2 b (xxvi)
The Article 8(2) states: "For the purpose of this Statute, 'war crimes' means: (b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts: (xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities" (International Criminal Court, 2002). Evidence of the abovementioned war crimes will now be provided.
Evidence Article 8 2 b (xxvi)
As stated in the Newsline article by UNICEF, for the past 19 years, the Ugandan government has been fighting the LRA. UNICEF estimates that approximately 20,000 children have been abducted during the 19-year conflict. Moreover, 12,000 children have been abducted since 2002 in Uganda (UNICEF, 2005)
As mentioned in the report named the Stolen Children, the children were abducted in record numbers by the LRA in northern Uganda and experienced brutal treatment as soldiers., laborers, and sexual slaves. Between June 2002 and 2003, an estimated 5,000 children have been abducted from their homes and communities (Becker & Tate, 2003, para. Summary).
Retrieved from the abovementioned report, the following victim statement is provided as evidence. A sixteen-year-old, abducted at night together with her two sisters and brother in July 2002.
Legal argumentation
From the abovementioned reports by the HRW, statistics by UNICEF and the victim statement, it is plausible that the commanders and leader of the LRA rebel group can be trailed, inter alia for the alleged committed war crimes. Not only should we take the statistics in consideration but as the victim statement describes, it is highly likely that the abduction of the 4 children has taken place in July of 2002, this is relevant since Uganda ratified the Rome Statute in June of 2002. It is believed that the abductors were the LRA, and as the victim states in the abovementioned quote, the LRA told them that they were to be trained to become soldiers. Which makes it highly likely that the LRA abducted and forcibly "recruited" the children's as "fighters". From the context of the reports which were based on interviews and field research, and the statistics provided by UNICEF, the atrocities committed in Uganda by the LRA towards innocent children are unacceptable. These are reasonable grounds to believe that the LRA carried out the alleged war crimes towards children of the Ugandan community. The court has the responsibility to address this and those responsible should be held accountable for their previous actions.
Courses of action
Who can do what? That is the important question. HRW presents recommended courses of action to improve the lives of the former child soldiers.
To the Office of the United Nations High Commissioner for Human Rights
– Appoint a special representative for the former child soldiers of Uganda to participate in negotiations between the LRA and the Ugandan government to prevent future abductions. The representative should cooperate with the peace team of the government, NGOs, religious and civilian leaders in communities of Uganda, and appropriate UN bodies and agencies. Providing diplomatic and financial support is also necessary.
To the Ugandan Government
– Educate the community of Uganda with sufficient knowledge regarding child soldiers taken by the LRA. This could mitigate the stigmatization and guide the community to be open-minded towards the situation of the former child soldiers.
To the Children of Peace Uganda
– Raise awareness in the international community through social networks, in order to acquire funding which will lead to the ability to provide and introduce the trauma healing and reintegration support toolkit for all former child soldiers who are in need .
Recommendation
On behalf of the HRW, the following five recommendations are provided to addresses the reintegration of former child soldiers into their communities. Recommendations are advice to the Office of the United Nations High Commissioner for Human Rights, the Ugandan Government and to the Children of Peace Uganda.
To the OHCHR
– Provide adequate training to the NGO's protecting the HR violations of former child soldiers.
– Appoint a special representative for the former child soldiers of Uganda to conduct "shuttle diplomacy" between the LRA and the Ugandan government.
To the Ugandan Government
– Extra supervision by the police authorities at the Transit Centers.
– Educate the community of Uganda with sufficient knowledge regarding child soldiers taken by the LRA.
To the CPU
– Introduce the trauma healing and reintegration support toolkit for all former child soldiers in need.
Conclusion
To answer our research question "To what extent are the abductions committed by the LRA qualify as a war crime?", evidence and statistics were presented and analyzed in the HR infringements part. Based on that, it is highly likely that the crimes committed during the captivity of the former child soldiers by the LRA fall under War Crimes. However, until those responsible are prosecuted, it is unclear and just assumptions. Now we await the leader and responsible commanders of the LRA to be trailed in the ICC.
To conclude the research topic of "Reintegration of Former Child Soldiers by the LRA in Uganda",
The extent to which the reintegration of the former child soldiers in Uganda improvements depends on the advice that will be followed and actions enforced by the Government of Uganda, together with the OHCHR and the NGO's. In order to reach the objectives set to reintegrate the former child soldiers in the community of Uganda, it is necessary for the target audience mentioned in this report, to cooperate and work together for a better capacity for the lives of the former child soldiers. To appoint international representatives or to provide trauma healing support kits are considered to be great initiatives. However, the most difficult part to achieve will be the government of Uganda's task. Dealing with the stigmatization of the former child soldiers by their own community will be difficult, and will take a while for the community to adjust and for the former child soldiers to feel welcomed and not blamed for their actions committed while in the captivity of the LRA.
The Human Rights Watch believes that with the implementation of the recommendations, it is plausible to improve the quality of life for former child soldiers, who are highly likely war crimes victims.