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1 Apri l2008

To all members of the Security Council

Dear Ambassador,

Amnesty International is deeply concerned about reports that some Security Councilmembers are considering the possibility of requesting the International Criminal Courl (ICC) todefer prosecutions and investigations of crimes against humanity and war crimes in northernUganda.

Our organization has documented horrific crimes committed on a massive scale againstchildren and other civilians by members of the Lord's Resistance Army (LRA) and by membersof the Ugandan security forces. They amount to crimes under intemational law. However,impunity has been pervasive throughout the two-decade-long conflict. The nationaljustice systemhas been unable to provide effective prosecutions and convictions in fair trials for these gravecrimes, for reasons which Amnesty International described elsewhere. Our organization is,therefore, convinced that the ICC is best placed to ensure justice for the victims of the conflict,Indeed, the ICC arrest warants have been a contributing factor to bringing the LRA to thenegotiations. Amnesty International also shares the views expressed by the ICC Prosecutor thatthe best way to stop the conflict is to arrest top leaders: Joseph KONY, Okot ODHIAMBO andDominic ONGWEN, who have been charged with committing crimes against humanity and warcrimes in northern Uganda.

Amnesty International, like most states at the time the Rome Statute of the InternationalCriminal Court (Rome Statute) was adopted, opposes requests for deferral of prosecutions andinvestigations, invoking Article 16 of the Rome Statute, as political interference with theindependence of the ICC prosecutor,

Under Article 19 (2) of the Rome Statute, "[c]hallenges to the admissibility of a case ont h e g r o u n d s r e f e r r e d t o i n a r t i c l e l T . . . m a y b e m a d e b y : ( a ) . . . a p e r s o n f o r w h o m a w a r r a n t o farrest. , . has been issued under article 58". Article l9 (2) (b) authorizes such an admissibilitychallenge by "[a] State which has jurisdiction over a case, on the ground that it is investigating orprosecuting the case or has investigated or prosecuted[.]" Article l7 (1) (a) provides that a case isinadmissible when it "is being investigated or prosecuted by a State which has jurisdiction over it,unless the State is unwilling or unable genuinely to carry out the investigation or prosecution[.]"Article l9 (l) authorizes the ICC "on its own motion, [to] determine the admissibility of a case inaccordance with article 17".

| | AMNEsw TNTERNATToNAL | |

United Nations Off ice- 777 United Nations Plaza,6'n Floor- NewYork, NY 10017United States of America - f el 1 (212) 867-8878 - Fax 1 (212) 370-0183

Amnesty International, International Secretariat - 1 Easton Street, London WClX 0DW, United KingdomTel: lnt. Code: 44 (20) 7413 5500. UK Code: 020 741 3 5500. Fax: Int. Code 44 (20) 7956 1157. UK Code: 020 7956 1157

E-Mail : amnestvis@amnestv.orq Web: http://www.amnestv.orE

On29 February 2008, the Pre-Trial Chamber of the ICC used this power when itrequested Uganda to provide detailed information on the steps it had taken to implement theAgreement on Accountability and Reconciliation between the Government of the Republic ofUganda and the LRA ,Movement Juba, Sudan of 29 June and the Annexure to the Agreement,dated 19 February 2008. Amnesfy International published an analysis of these two documents aweek ago, Uganda. Agreement and Annex on Accountability and Reconciliationfalls short of acomprehensive plan to end impunity, AI Index: AFR 59/00112008,21 March 2008. The Chamberalso requested details about the impact of the establishment of the proposed special division ofthe High Courl of Uganda and recourse to traditional justice mechanisms or other alternativejustice mechanisms on the execution of the arrest warrants. The government has responded sayingthat, once the peace agreement is signed, it "remained committed to executing them [the ICCarrest warrants] should the LRA leadership fail to subject themselves to the process ofjustice inUganda." However, the Rome Statute of the ICC requires, in Articles 59 and 86, that statesparties receiving a request from the court for anest shall immediately take steps to arrest thepersons in question and shall fully cooperate with the court in the investigation and prosecution ofcrimes within its jurisdiction.

There is nothing to prevent the three LRA suspects and Uganda, if it wishes to do so, tofile an admissibility challenge to the case. However, a deferral by the Security Council couldseriously harm the prospect of ending impunity for crimes under international law. A deferralcould also undermine the effectiveness of the ICC and any deterrent effect it has by allowing anyleader of armed opposition groups or of national armed forces named in an ICC arrest warrant toblackmail the Security Council. These persons, groups or national forces could do so by simplythreatening to continue or to resume armed conflict if suspects were to be prosecuted in the ICCor in a national criminal court which was able to impose appropriate criminal penalties whichtake into account the grave nature of the crimes. For example, the Sudan could argue that adeferral was appropriate with regard to any person being investigated or prosecuted in its recentlyestablished special courls.

Amnesty International, therefore, urges the Security Council:

. To refuse any request for a deferral ofany investigation or prosecution by the ICCProsecutor in northern Uganda.

r To call on all states, and in particular Uganda, the Central African Republic, theDemocratic Republic of Congo and Sudan, to fulfill their obligations underinternational law by promptly arresting and surrendering indicted individuals to theICC.

o To ensure that all relevant IIN or llN-authorized peacekeeping missions operating inthe relevant countries are given the mandate and effective resources to pursue thearrest of the three men and any others for whom the ICC issues arrest warrants.

Amnesty International will be glad to provide further information and would greatlyappreiciate your response to this letter.

Yours sincerely, 7-] |

\7 \ ' r

/,waYk^"4I Yvonne Terlingen

I Head of Amnesty InternationalOffice atI

the United Nations