Uganda's War Crimes Court Sets Trial Date for Captured LRA Commander

The War Crimes Court has finally set May 20th as the start date for the trial of Thomas Kwoyelo, a Lord’s Resistance Army rebel commander who was captured by the army in March 2009.

 Kwoyelo is one of the rebel commanders suspected of committing atrocities during the two decade insurgency in northern Uganda.

He was first charged with 12 counts of kidnap with intent to murder in relation to the disappearance of villagers from Atiak and Pabbo sub counties in Gulu and Amuru districts. However, the charges were later amended to 12 counts of willful killing, extensive destruction of property and causing serious bodily harm. But the prosecution could not proceed because the war crimes court was not ready. 

Kwoyelo has been in custody awaiting trial since his capture in DR Congo in March 2009 during a UPDF offensive code-named Operation Lightening Thunder. He was first produced before the Gulu chief magistrate court in 2010, when he was committed to the high court owing to lack of jurisdiction by the lower court to try cases of capital nature. 

Court now says all preparations have been made to kick-start the much anticipated trial. Tadeo Asiimwe, the registrar of the special division of the high court established to try the war criminal suspects, says that they have fixed May 20 as the trial date although he admittes that some hurdles still exist that could delay the trial further.

He explains that presently, the legal notes to be used during the trial are still being prepared adding that there is fear that the hearing of election petitions might cause further delays.

Nonetheless, Asiimwe says they expect to beat the odds and get the trial underway. He adds that the sessions will be conducted in Gulu, northern Uganda where majority of the victims of the rebel atrocities are resident.

Kwoyelo becomes the first LRA rebel commander to face prosecution in a domestic court for crimes committed during the two-decade insurgency. The trial will also test the country's ability to prosecute those accused of war crimes. 

The commencement of the domestic trial could also pile pressure on the International Criminal Court that is yet to arrest and prosecute Joseph Kony, the LRA rebel leader who is wanted alongside Vincent Otti, Okot Odhiambo, and Dominic Ongwen. The four face charges comprising murders, sexual enslavement, rape, enlisting of children, cruel treatment, and pillaging, which constitute crimes against humanity and war crimes.

Raska Lukwiya, the fifth commander on the ICC's warrant list was reported dead in 2006 and ICC prosecutors consequently dropped his warrant. Vincent Otti was also reportedly killed in DR Congo by Kony in October 2007.

Already, some people in Gulu say they are anxious to witness the trial begin after years of waiting for justice to be delivered. Michael Ojara, a resident of Eriaga parish, Gulu municipality says that the start of the trial would help restore hope in most of the victims who have been looking up to the ICC to arrest and prosecute Kony.

The war crimes court was established as part of the attempts by government to implement the resolutions of the Juba peace agreement between the LRA rebels and the govenrment.