Uganda: Landmark conviction of LRA fighter

A court in Uganda has convicted Thomas Kwoyelo, a former commander of the Lord's Resistance Army (LRA), of dozens of crimes against humanity in a landmark casethat has sparked debates about the criminal culpability of former child soldiers.

"He is found guilty of the 44 offences and hereby convicted," judge Michael Elubu said at the International Crimes Division (ICD) —  a special section of the High Court that focuses on international crimes.

The charges included murder, rape, torture, pillaging, abduction and destruction of settlements for internally displaced people (IDPs), the judge said, adding that Kwoyelo was found not guilty of three counts of murder, and that "31 alternate offences" were dismissed by the court in the northern Ugandan city of Gulu.

Kwoyelo, who is 49 years-old, according to one of his lawyers, was abducted at the age of 12 while walking to school in 1987, during the early years of the LRA's insurgency in Uganda.

He was arrested in March 2009 in the DRC in a sweep by regional forces against LRA rebels and spent the next 14 years in detention as attempts to try him dragged on. In April 2023, the prosecution wrapped up its argument against Kwoyelo.

Kwoyelo's conviction makes him the first and only high-profile LRA soldier to be tried for war crimes by a court in the East African country. His former commanders, however, remain at large.

The LRA's brugal legacy

The LRA was founded by former altar boy Joseph Kony in Uganda in the 1980s with the aim of establishing a regime based on the Ten Commandments. His goal was to drive Ugandan President Yoweri Museveni out of power and establish a Christian theocracy.

Its bloody rebellion against Museveni saw more than 100,000 people killed and 60,000 children abducted in a reign of terror that spread from Uganda to Sudan, the Democratic Republic of Congo (DRC) and the Central African Republic.

The LRA faced allegations of enlisting boys as soldiers and enslaving girls for sexual purposes. Additionally, it was accused of carrying out numerous massacres, predominantly against the Acholi ethnic group.

Kwoyelo was never considered among the ranks of the LRA's top commanders, some of whom — including the group's notorious leader Kony — are wanted by the International Criminal Court (ICC) for rape, slavery, mutilation, murder and forcibly recruiting child soldiers.

Kwoyelo's trial prompts human rights concerns

Kwoyelo's trial has raised alarm among human rights and monitoring organisations, who say his lengthy detention has made it impossible for him to get justice.

"Accountability for LRA war victims has been painfully inadequate and opportunities for improvement are increasingly slim, making processes in Uganda all the more important," Human Rights Watch said in a January 2024 statement on the case.

Following the verdict, one of his sons, Moses Rackara, claimed it was not a fair trial.

"Our father has been mistreated since he went to court and we didn't expect much other than to convict him because all signs were there that he will not receive justice," the 27-year-old farmer told AFP news agency.

Kristof Titeca, a political scientist at the Institute of Development Policy at Belgium's Antwerp University, has a more positive view of the verdict, which he believes represents a significant step in reducing the LRA's presence in people's minds and marks an important milestone on the journey to healing.

"What is still left for northern Uganda are wounds that need to be healed, wounds of a very brutal conflict between the LRA and the Ugandan government and in that sense the Kwoyelo verdict can still play an important role," Titeca told DW.

Some human rights advocates, including Titeca, argue that individuals like Kowyelo, even as children, might have retained some decision-making abilities.

Should child soldiers receive amnesty?

"The question if child soldiers should be held to account for war crimes is a major debate in regards to war crime trials," Titeca said.

The case of Dominic Ongwen, a former child soldier turned commander, was a significant issue. Ongwen was tried at the ICC in The Hague in 2021.

Abducted by the LRA at the age of nine, Ongwen rose through the ranks and was convicted on 60 counts of war crimes and crimes against humanity, including rape, murder, and child abduction.

Ongwen was sentenced to 25 years in prison and is currently serving his term in Norway. 

According to Titeca, amnesty plays an important role for the peace process.

"Uganda has a generous amnesty law which says that any LRA fighter who surrendered can be given amnesty. That is because the largest part of the fighters have been abducted and many as a child," Titeca told DW.

"On the other hand many people believe, you can only ever have peace if justice has happened, and that is why we need a form of justice even if somebody has been abducted as a child."

What is left of the feared LRA? 

Joseph Kony, the leader of the LRA, is believed to be hiding in a vast, ungoverned area of central Africa. The United States has offered a $5 million (€4.5 million) reward for information leading to his capture, as he remains one of the ICC’s most wanted fugitives.

"It is basically Kony and a group of fighters between 50 and 100 who are still loyal to him and who still protect him," said Titeca.

After staying for a long time in the Darfur region, the remaining fighters are roaming the border lands between Sudan, South Sudan and the Central African Republic and they are surviving mainly through trade, including gold or ivory, according to the Belgian scientist.

Kony has evaded capture and has been on the run since 2005, when the ICC issued the warrant for his arrest. 

Kwoyelo, who denied the charges against him, testified that only Kony could answer for the crimes, and said everyone in the LRA faced death for disobeying the warlord. 

The court is expected to sentence Kwoyelo next week.

Edited by: Keith Walker

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