This paper discusses the history of the interrelation between marriage and slavery in Northern Uganda, and considers how a particular interpretation of this history is being used strategically by the Defence in the case The Prosecutor v. Dominic Ongwen that is presently being heard in the International Criminal Court (ICC-02/04-01/15).
The International Criminal Court (ICC) is currently trying the case of Dominic Ongwen, a top LRA commander who (amongst other charges) has been charged with several counts of forced marriage as an inhumane act constituting sexual slavery. The Defence claims that it is customary in Northern Uganda to take a bride by force and that this was replicated within the LRA camps. By examining historical records, court documents, and data from my own field research, I will discuss the Defence’s interpretation of ‘marriage by kidnap’ and contrast it with independent evidence on these alleged historical precedents. I will question whether ‘marriage by kidnap’ can actually be seen as a relevant antecedent for the crimes committed by LRA militants. Finally I will address the question of why the Defence and other groups in Uganda today consider this an acceptable defence strategy.