Line Engbo Gissel - The International Criminal Court and Peace Processes in Africa: Judicialising Peace

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The International Criminal Court and Peace Processes in Africa

The book investigates how involvement by the International Criminal Court (ICC) affects efforts to negotiate peace. It offers an interpretive account of how peace negotiators and mediators in two peace processes in Uganda and Kenya sought to navigate and understand the new terrain of international justice, while also tracing how and why international decision-making processes interfered with the negotiations, narrated the conflicts and insisted on a narrow scope of justice. Building on this interpretive analysis, a comparative analysis of peace processes in Uganda, Kenya and Colombia explores a set of general features pertaining to the judicialisation of peace.

Line Engbo Gissel argues that the level and timing of ICC involvement is key to the ICCs impact on peace processes and explains why this is the case: a high level of ICC involvement during the negotiation phase of a peace process delegates politico-legal and discursive authority away from peace process actors, while a low level of ICC involvement during the negotiation phase retains such forms of authority at the level of the peace process. As politico-legal authority enables the resolution of sticking points and discursive authority constructs the conflict and its resolution, the location of authority is important for the peace process. Furthermore, judicialisation also affects the negotiation and implementation of a justice policy, with a narrowing scope for justice accompanying increasing levels of ICC involvement.

Line Engbo Gissel is an Associate Professor in the Department of Social Sciences and Business at Roskilde University, Denmark.

Routledge Studies in Peace, Conflict and Security in Africa

Edited by Cyril Obi

African Peacebuilding Network

The International Criminal Court and Peace Processes in Africa

Judicialising Peace
Line Engbo Gissel

The International Criminal Court and Peace Processes in Africa

Judicialising Peace

Line Engbo Gissel

First published 2018

by Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Routledge

711 Third Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

2018 Line Engbo Gissel

The right of Line Engbo Gissel to be identified as author of this work has been asserted by her in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging in Publication Data

A catalog record for this book has been requested

ISBN: 978-1-138-10401-3 (hbk)

ISBN: 978-1-351-59189-8 (ebk)

Typeset in Times New Roman

by Wearset Ltd, Boldon, Tyne and Wear

Figures

Tables

The idea for this book developed a decade ago, when I moved to Apac in Northern Uganda to work for a small umbrella NGO, the NGO Link Forum Apac, seconded by ActionAid Denmark. At the time and seemingly all the time friends and colleagues attended the ICCs sensitisation workshops and other justice-related events. The LRA was in the DRC and thus some distance away, but there was a sense that the rebels could move quickly and easily to anywhere they wanted. In the evenings, when we would discuss the ICC intervention, the LRA and the government, the dilemmas of peace and justice were real and concrete. It is appropriate therefore to begin this book by thanking Sam Jamara, Julie Cherukut, Jimmy Ogwal, Susan Apio, Brenda Otika and Christopher Odic for their friendship and willingness to share their knowledge and experiences.

The book owes its existence to all those who agreed to be interviewed or helped me during field research in Kenya and Uganda. I am grateful to my anonymous or named interviewees for their time, insights and opinions, and for the assistance of David Ebong MP and librarian Andrew Bayunga at the Parliament of Uganda. Professionals in Nairobi, who shall remain unnamed for security reasons, greatly helped me with contacting high-profile interviewees in Kenya. Thomas Winkler and David Kendal of the Danish Ministry of Foreign Affairs kindly included me in the Danish delegation to the 2010 ICC Review Conference in Kampala, which provided invaluable observation of the world of ICC diplomacy and a crash course on the Rome Statute.

The book has a previous incarnation as a PhD dissertation written at Aarhus Universitys Department of Political Science, where Jrgen Elklit and Anne Mette Kjr supervised and nurtured my research by asking difficult questions while believing in the project. I am grateful to them for providing a supportive space within which to find my feet in (Danish) academia after a professional career outside and to develop my thinking on the politics of international justice in Africa.

Roskilde Universitys Department of Social Sciences and Business has been my happy home during the writing process, which has benefitted from stimulating discussions in the research groups on global political sociology and globalisation and Europeanisation. A research stay at the Makerere Institute of Social Research contributed greatly to the overall framing of the argument.

I would like to thank Ben Schiff, Adam Branch, Barney Afako, Peter Brett, Helena Flam, Christian Lund, Sarah Nouwen, Phil Clark and Lisbet Christoffersen for their interest in my research for this book. I am grateful to my mother for practical and emotional support and childminding, all my parents and my Indian family for cheering me on, and Maya and Milan for being forgiving of my absences and long working hours. I dedicate this book to Devapriyo, my better half, who makes our everyday life possible while pursuing his own busy career.

August 2017

Uganda case: The Juba Peace Talks

14 June 2002	Membership stage: Government of Uganda ratifies the Rome Statute
16 June 2003	Preliminary Examination stage: The OTP begins to look into the Uganda situation
16 December 2003	Government of Uganda refers the northern situation to the ICC
29 January 2004	Investigation stage: OTP and government of Uganda hold joint press briefing
September 2004	The LRA moves to Garamba Forest, Haut Uele Province, DRC
Early 2005	Betty Bigombe meets LRA officers
6 May 2005	Indictment stage: OTP submits a sealed request for arrest warrants for five LRA leaders: Joseph Kony, Vincent Otti, Okot Odhiambo, Dominic Ongwen and Raska Lukwiya
8 July 2005	PTC II authorises sealed arrest warrants for the five LRA leaders

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