The International Criminal Court (ICC) is reviewing an application by Ugandan opposition leaders calling for an investigation into recent clashes in Kasese.
The petition is filed against President Yoweri Museveni, the commander of the 2nd Division of the Uganda People’s Defence Forces (UPDF), and assistant Inspector General of Police Asuman Mugenyi for their alleged roles in the deaths of over 100 people in Kasese.
Writing back to the petitioners’ lawyers, the ICC acknowledged receipt of the petition but was quick to add that this doesn’t mean that “an investigation has been opened, nor that an investigation will be opened by the Office of the Prosecutor”.
The response comes after Ugandan opposition called for a thorough investigation into the death of over 100 people killed in clashes between state security agencies and royal guards at the kingdom of Rwenzururu palace, in Kasese district in November last year.
The clashes climaxed with the arrest of the King ‘Omusinga’ of Rwenzururu, Charles Wesley Mumbere and 161 others with whom they have been arraigned before court in Jinja facing 41 counts of treason, terrorism, murder, attempted murder, robbery and malicious damage to property.
But opposition leaders said the killings tantamount to crimes against humanity. The head of Information and Evidence Unit at the Office of the ICC prosecutor, Mark P. Dillion said that the communication has been entered into the communications register and would be given consideration as appropriate, in accordance with the provisions of the Rome Statute.
Speaking at a press conference held at the Lebanese Restaurant at Centenary Park the petitioners; Winnie Kiiza (Kasese Woman MP also Leader of Opposition), Nzoghu William (Busongora North), Centenary Robert (Kasese municipality), Katushabe Atkins (Bukonzo West) and Muhindo Harold (Bukonzo East), all MPs from Kasese and a concerned citizen, Sunday Apolo welcomed the response from ICC – calling it a “great sign” that justice will be served.
Kiiza stated that whereas the civilians are being arraigned in court, no one is holding the actual perpetrators accountable. She added that the reference to the ICC is a bold step which will help to bring all perpetrators to book.
“We’re saying it is government that killed people [so] we wouldn’t have taken these people [the accused] to the same government for arbitration. That is why, we are calling for a neutral party, the ICC, to come and look into these issues. We believe there’s a case of violation of human rights and crimes against humanity. It is the reason we are inviting the ICC to come and look into our matter and possibly find the perpetrators culpable to also answer their charges. We are going to see really whether ICC meets its [set] standards.”
Samuel Muyizzi Mulindwa, the lawyer on the case says the ICC should investigate why the state militants used excessive force, and opted to kill instead of disabling unarmed persons, women and children.
“…a petition of this nature is like a bullet. Once a bullet has been fired, not even us the lawyers, not even the petitioners can pull back this bullet. We may not even know the investigations they are going to make; we may not even know the style the ICC works…We don’t know. They might seek for evidence from us, from the petitioners or they may choose not to. But at the end of the day, at least they have assured us. They have given us assurance.”
Nzoghu noted that they have presented some evidences to the ICC and are hoping to contribute more if called upon. President Museveni has in the recent past openly criticised the ICC calling it a “a bunch of useless people” who had derailed from their set principals. He accused them of targeting African leaders only.