Ongwen Case: ICC Appeals Chamber to Deliver Judgment on Reparations Next Month

The Appeals Chamber of the International Criminal Court (ICC) has scheduled April 7 to deliver judgment on an appeal filed by a convicted former Lord’s Resistance Army (LRA) rebel commander against the reparations order issued by the court.

The ICC Trial Chamber IX on February 28 2024, ordered Ongwen to compensate victims of his crimes a total of 52.4 million euros (approximately 200 billion shillings). The court also awarded a symbolic award of 750 euros (approximately 3 million shillings) for all eligible victims, and other community symbolic measures. 

However, on April 22 2024, Ongwen's defense representative filed a notice of appeal against the reparations order, seeking to challenge or amend the award to the victims.

In a press statement released by the court on Thursday, the court announced that judgment on the appeal will be delivered in an open courtroom in The Hague, Netherlands. Five judges will preside over the hearing of the judgment.

They are Judge Solomy Balungi Bossa, the presiding Judge, Judge Tomoko Akane, Judge Luz del Carmen Ibáñez Carranza, Judge Gocha Lordkipanidze and Judge Erdenebalsuren Damdin.

The notice of appeal filed by Ongwen's representative, Chief Charles Achaleke Taku, in April last year listed 15 grounds of appeal and requested the appeals chamber to suspend implementation of reparation orders until a verdict is made.

Among the grounds listed by Ongwen's defence attorney was contestation on the determination that four participating victims qualified, on a balance of probabilities, as victims of Ongwen. Taku reasoned that the Trial Chamber IX increased the number of Sexual and Gender Based Crimes victims (SGBC), and expanded the definition of SGBC victims beyond the Trial Judgment.

Accordingly, Ongwen’s defense lawyers noted that failure to correct the error shall result in a significant number of persons receiving reparations who are not victims of crimes for which Ongwen was convicted, and thus depriving persons who do qualify as victims.

Other grounds included concerns that the court erred in fact when it refused to take into account that Ongwen was not the brigade commander of the Sinia Brigade until March 4 2004.

The defence attorney also emphasized that the court erred in law and procedure by issuing the symbolic award of 750 euros per victim, specifically not intending the award to act as partial restitution or compensation for harm.

The Trial Chamber IX, in its February 28, 202,4, reparation ruling, estimated the number of potentially eligible direct and indirect victims to be approximately 49,772 victims. The victims are in the former Internally Displaced Persons Camp (IDP camps) of Pajule in Pader District, Lukodi in Gulu District, Odek in Omoro District, and Abok in Oyam District.

About Ongwen Ongwen was convicted by the world court on February 4, 2021, for committing 61 crimes comprising crimes against humanity and war crimes committed in Northern Uganda between 1 July 2002 and 31 December 26 May 2021. 

The former rebel commander was sentenced to 25 years of imprisonment on May 6, 20,21, and is currently serving his jail sentence at a Prison in Norway. He is the first top LRA commander indicted by the World Court to have been convicted over atrocities committed during the brutal LRA rebellion in Northern Uganda. Some 1.8 million people were displaced and tens of thousands kidnapped, mutilated or killed during the two-decade LRA insurgency according to the UN data.