THE INTERNATIONAL CRIMINAL COURT

The international Criminal Court

The international Criminal Court

In August 2004? the International Criminal Court sent investigators to Uganda to gather evidence against a shadowy insurgency known as the Lord's Resistance Army.

It was precisely the kind of desperate case the world's first permanent war-crimes tribunal was set up in 2002 to prosecute? and court officials hoped to showcase a new brand of international justice. The Lord's Resistance had terrorized Uganda's Acholiland region with murders? rapes and child abductions. Over two decades? the insurgents had kidnapped more than 20?000 children and driven nearly two million people from their homes? the United Nations estimates.

But the ICC quickly discovered how difficult it can be to dispense justice in corners of the world where political? military and diplomatic forces have long failed to produce stability. Seven months after ICC investigators arrived in Uganda? a delegation of Acholi tribal leaders came to the court's headquarters here with an unexpected plea: Drop the case.

Although the tribal leaders feared the Lord's Resistance and its messianic leader? Joseph Kony? they also were afraid that the ICC's vow to prosecute him left the rebel leadership little incentive to negotiate -- and every reason to fight on. Is the ICC "able to provide peace? or only justice?" asked David Onen Acana II? the paramount chief of the Acholi? during an interview last year at The Hague. "We want peace by any means."

The Uganda case? the ICC's first? has become a test of the fledging international court and its charismatic Argentine chief prosecutor? Luis Moreno-Ocampo. In January 2004? Mr. Moreno-Ocampo predicted arrests by year's end and a trial in 2005. But the ICC has no police force of its own? and its member states? including Britain? France and Germany? have shown no inclination to help Ugandan forces apprehend anyone. Today? not a single suspect is in custody and no trial date is in sight. To make matters worse? the unsealing of arrest warrants in October was followed by the killings of foreign aid workers in northern Uganda in apparent reprisal.

In recent weeks? Uganda's president? Yoweri Museveni? and Mr. Kony have engaged in an unprecedented public dialogue that threatens to cut the ICC out of the picture entirely. Mr. Museveni offered to shield Mr. Kony from prosecution should he surrender by July 31. And Mr. Kony? in a videotaped message? said he wanted peace.

"In Uganda? they have not done well?" says William R. Pace? head of the Coalition for the International Criminal Court? which promoted the creation of the tribunal and continues to serve as an independent adviser. "I think there's blame on all sides."

Mr. Moreno-Ocampo says the court has suffered from growing pains? and that criticism and setbacks are inevitable? given its unprecedented mission. "It's like assembling the airplane? recruiting the crew and taking off?" he says.

The ICC was established as an independent international tribunal? a court of last resort for humanity's worst crimes. One hundred nations? including Uganda? are members? providing funding and electing the court's ...