All Rise – Creating and ICC Courtroom in Every Victim Community By Martin Dennis Okwir

Introduction:????Closing arguments in the Dominic Ongwen case took place from 10 to 12 March 2020. Prosecution was the first to present their arguments, followed by the legal representatives of victims and finally defence.?

The trial opened in December 2016, at the seat of the Court, in The Hague. Dominic Ongwen, an alleged Brigade Commander of the?Lord’s Resistance Army (LRA), is charged with 70 counts of crimes against humanity and war crimes allegedly committed in Northern Uganda, after 1 July 2002. Charges include attacks against civilian population, sexual slavery, and use of children as soldiers, amongst others.?

The Prosecution case started in January 2017, and lasted until April 2018. The two teams of Legal Representatives of more than 4000 victims, called their witnesses in May 2018. The defence phase of the trial lasted from October 2018 to November 2019.?

Over the years, many people were involved in the efforts to make the proceedings visible for people across Northern Uganda, victims and affected communities. Three of them shared their stories.

The Hague-based trial in Gulu City

Ever since the confirmation of charges hearing in January 2016, live video screenings, especially in Gulu town, Northern Uganda, were the way to give the victims and affected communities a real-time experience, a front seat in the judicial proceedings in the Dominic Ongwen trial. The intention was no different on 10 March 2020, during the presentation of closing arguments in this case.??The trial started in 2016, on the charges of alleged crimes committed since 2002, during an armed conflict between the Lord’s Resistance Army and the national authorities.?

The venue where the screening would take place was all set, waiting for the first visitors to arrive. As early as 8:30, hours before the actual screening, the first community members had already arrived at the venue. Mainly old people, travelling long distances to witness the closing statements. The hall was getting fuller by the minute, with about 400 people seated: women, the old, leaders, victims’ groups, disabled persons.?

Our program kicked off at around 11:00, one hour before the screening, with the recap of the past stages of the trial, short questions and answers session and the explanation of what is to happen during the presentation of the closing arguments. It is always a delight to witness people’s deep understanding of the complex judicial process such as the one in the case of Dominic Ongwen. They know the charges, the case locations, even major arguments of the parties and participants. The knowledge shown is a testimony in a way, that “participation is empowerment”.?

Exactly at noon, the wide projector screen, mounted in front of the “Court” in Gulu, beamed with live pictures.?“Dano weng gu-aa malo?(the Acholi translation of “All rise!”)”, we hear.??As has become the practice during Outreach activities, all live broadcast of the proceedings have been done in Acholi, the language spoken by the victims and communities.?

A chilling silence from the “audience” followed, as the case was introduced and the presiding Judge handed the floor over to the prosecution, taking the rest of the day to close their case. The second to present their arguments were the victims’ legal counsels, while the third day was reserved for the defence. Amidst a quiet, yet fully engaged community watching the proceedings, 90 minutes long sessions were followed by half-hour breaks, quickly turned into Q&A sessions.?

“Dano weng gu-aa malo!”?busted from the speakers, again. To our shock and amazement, everybody in the screening hall in Gulu stood up in conformity. Absorbed in the proceedings, people watching the trial were experiencing the very atmosphere of the proceedings in the courtroom in The Hague. If what we desired was to bring to life the experience of the trial right from the courtroom to the victims and affected communities in Gulu, then this was a clear indication that we had outdone ourselves! An ICC courtroom for every parish, we often say describing our Danish funded Access to Justice Project.?

Following presentations of each of the parties, the mood in the venue mirrored the arguments of the prosecution, legal representatives of victims and the defence. From deep conviction in Dominic Ongwen’s responsibility, to the belief that victims deserved reparations, and finally concluding the defence has done a spectacular job, people following the presentations shared daily about the outcome of the trial. Wow, that was tough! It took detailed clarifications on our side to finally explain that both parties, and the victims had made very strong points during their presentations, and that it was up to the judges to weigh evidence and make the final decision.

If you sense a pinch of satisfaction, or even a little pride in my tone, you are not mistaken. As an Outreach officer, I travelled a major part of the journey with the victims during this trial. I have heard their fears, frustrations and doubts. I have also seen their patience during the long process. To see the communities from Gulu rise as the court official announced “All rise”, is a seemingly simple, yet very strong demonstration of why we do what we do -?to enable victims and affected communities to participate in the trial process.?For three days, the courtroom moved from the seat of the Court in The Hague, to District Council Hall in Gulu, with the victims and affected communities taking a front seat in the proceedings.?

As we wait for the Judges to reach the verdict in Dominic Ongwen case, I feel confident that the victims and communities across northern Uganda have been empowered, taking a meaningful part in the judicial process. I am honoured to be part of their journey.?