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Retributive vs Restorative Justice in the Northern Uganda Conflict
A Case for Selective Justice; the Application of Different Forms of Criminal Justice

Nathan Muwereza (Uganda)

Ph.D. Project

This project concerns the complexities of the conflict in northern Uganda that have presented serious challenges to the ICC and its role in administering justice. It is suggested that without careful analysis and approach, the ICC is destined to present an antagonistic precedent for criminal justice systems worldwide, notwithstanding the relationship between countries involved (Sudan, DR Congo, Uganda and others), and the psychosocial and economic development dilemmas accompanying conflicts in such countries. Government positions in these conflicts with regard to causes and statutory responsibilities to the victims will also be questioned. Promises of peace from the governments give hope, however such promises are rarely fulfilled. The role of invisible actors/supporters, the victims' attitudes themselves and other quiet but significant parties, only complicates the design of strategies to deal with or prevent gross human rights violations. Although the ICC’s involvement in the Uganda conflict was warranted, pursuing justice in the midst of conflict has led to more harm than good. moreover, much local discontent and mistrust surrounds the work of the ICC. While this may be because the ICC is based on a retributive justice model while local efforts are based on a restorative justice model, these local efforts have themselves yielded little if any result in regard to ending the wars or preventing crimes. Yet there is no doubt that international crimes and gross violations of human rights in the region are both evident and ongoing; a fact that warrants international intervention. The criminal complications of the war in northern Uganda are coined by several factors. The conflict is shaped by attitudes of the parties and individuals involved; the socioeconomic, political and historical connotations; and the influence of other countries in the region as a whole. So, which way do we go? Should we seek restoration or should we punish? Also, who or what should be restored or punished? These questions have not been answered concretely by most studies in this subject and region.

The main research question of the project is “In view of the complexity, geographical scope and kinds of crimes, as well as the type of perpetrators and perceptions of victims, which form of criminal justice is best applicable in the northern Uganda conflict; and what implications exist for such an application to criminal justice systems and/or forms?” The study will then answer the following sub questions:

  1. Which actions have been executed by which party in the conflict and are ignored?
  2. What attitudes and perceptions do victims have towards perpetrators?
  3. How are victim communities addressing the aftermath of the atrocious actions in view of the forms of justice (local, national and international)?

Interview items were constructed around these questions to collect data in the field. The data collected is being used in making an analysis.

Research Interests and Goals

The psychology of violence, conflicts and victimization; sexual offenses & policing; Corruption and/or bribery; Terminal illness patients’ attitudes and behaviors; and how they all link to criminality and development in developing countries.

Awards and Scholarships

  • The Max Planck Society Stipend
  • KAAD of Germany for a language course and field work on restorative justice in Uganda
  • Cambridge Commonwealth Trust Master of Philosophy Award
  • Government of Uganda undergraduate sponsorship
  • Government of Uganda diploma sponsorship

Publications

(selection)

Further information

Lectures

  • 26.03.-31.03.2012

    Retributive vs Restorative justice: A Case for Selective Justice in Transiting Uganda and Sudan

    Location: Inter University Center (IUC), Dubrovnik, Croatia, 26-31 March 2012

  • 14.03.2012

    Which Witch Witched Uganda: Complacence, Corruption, Conflict: any cure prospects?

    Location: Islamic University in Uganda, Mbale, 14.03.2012

  • 29.10.-01.11.2011

    Leadership auf staatlicher und politischer Ebene, Erfahrungen und Analysen
    Seminar: "Regierungsführung und ‚Leadership’ für die Entwicklung Afrikas"

    Location: KAAD-Seminar in Ellwangen, 29.10.-01.11.2011

  • 22.-24.10.2010

    Religious actors in mediation of the conflict in northern Uganda: Their ups and downs
    "Selig die Friedensstifter", Religionen als Vermittler in politischen Konflikten

    Location: Akademie der Diözese, Rottenburg-Stuttgart

  • 07.–10.12.2009

    Strategic Plan Development for African Community Support (ACTS)
    Presentation and facilitation of the development of a five year strategic plan for a typical beginning civil society organisation

    Location: Mbale, Uganda

  • 19.08.2009

    The Role of the Civil Society in the Fight Against Corruption as a Crime
    A Presentation to the civil society organisations in Masindi district, organised by Masindi NGO forum, Uganda

    Location: Masindi, Uganda

Curriculum vitae

Since August 2010 PhD Candidate of the International Max Planck Research School on Retaliation, Mediation and Punishment (IMPRS REMEP) at the Max Planck Institute for Foreign and International Criminal Law in Freiburg i. Br., Germany
2006 – 2007 Cambridge University (UK), MPhil (in Criminology); concentrating on adolescent sexual offenses and comparing Uganda and the United Kingdom
2000 – 2003 Makerere University (Uganda), BA SS (Major in Psychology & minor in Social Administration)
1995 – 1998 Institute of Teacher Education-Kyambogo (Kampala), Diploma in Education
Work Engagements
2009 – Date Founder and Director of African Community Team Support, Uganda
2008 – 2009 Program coordinator for a regional anti-corruption coalition, Uganda
2007 – 2008 Short term consultant with Norwegian Refugee Council (Information Counseling and Legal Aid – ICLA project in Arua, Uganda) / short contract with African Center for Research and Legal Studies (ACRELS) in Kampala
2002 – 2006 District local counselor & member of district education committee