The trial of an ex-child soldier - a closer look at the case of Dominik Ongwen

Abstract

The Lords Resistance Army is one of the most brutal rebel groups in Africa and which is mainly active in northern Uganda. It is famous for abducting children in order to use them as child soldiers. One of the abductees has gained prominence his name is Dominic Ongwen. He was abducted at the age of ten while walking home from school, and has then risen through the ranks of the Lords Resistance Army to become one of its senior commanders. Over the years, he has committed multiple war crimes and crimes against humanity, and is now standing trial before the International Criminal Court. His offences range from murder, slavery, rape and destruction of property amongst other crimes. Not only did he commit these crimes, but he also is a victim of some of them, like the use of children under the age of 15 as child soldiers. Dominic Ongwen is the first former child soldier to stand trial before the International Criminal Court. His special situation gives rise to criticism, especially because he was forced into a position where he was forced to commit atrocities due to the childhood indoctrination by the rebel group affecting his decisions as well as his own victim status. This thesis asks the question whether some of his crimes can be justified with duress. In order to answer this question, some background information on the situation in Uganda and the rise of the Lords Resistance Army will be given in the first part of this paper. Also, the life story of Dominic Ongwen will be outlined to explain how he became a defendant before the International Criminal Court. The second part comprises the reasons why he is standing trial and his charges will be explained. The indoctrination Dominic Ongwen went through as a child and the circumstances he grew up in, constituted an ongoing threat to his life and his family. However, whether the requirements for duress are fulfilled in his case, is discussed in the third part of this thesis.submitted by Constanze VogelUniversität Linz, Diplomarbeit, 2018(VLID)316170