Neither child soldier nor warlord but a survivor: Dominic Ongwen and the need for survivors’ justice in international criminal justice

Abstract

ABSTRACT The complications presented to international criminal justice in general and to the International Criminal Court (ICC) in particular by individuals who at one time were victims such as those abducted as ‘child soldiers’ who later became Warlords, deserve to be revisted and unpacked. One such character is Dominic Ongwen who is a typical example of both a victim and a perpetrator of gross violations of human rights, war crimes and genocide. The purpose of this article is six-fold. First, to explore the intersection between political and war criminality. Second, to unpack Ongwen’s conviction and its implications for various stakeholders. Third, I expand on the role of spirituality in shaping the behaviour of combatants and military strategy. Fourth, I diagnose the futility of the ICC’s ‘distant justice’ which operates by ‘exporting criminality’ and ‘importing justice’. Fifth, I propose how to turn Ongwen from an international criminal justice liability into an asset. Lastly, I conclude by proposing a rethinking of international criminal justice by embracing ‘survivors’ justice’ at the ICC. This way, both perpetrators and victims (survivours) can be rehumanised.