8. NGOs and the Legitimacy of International Criminal Justice: The Case of Uganda

In recent years, there have been significant debates about the legitimacy of the ICC, in particular in countries which are, as ‘situation countries’, subject to investigative or prosecutorial activities of the Court. Perspectives from the Global South are critical against the hegemonic elements of this regime, perceived as an instrumentalisation of global human rights norms and Western imperialism. Yet, current debates about the legitimacy of international criminal justice have tended to neglect the hegemonic and counter-hegemonic capacities of non-state actors in affected communities. This chapter inquires into the role of non-governmental organisations (NGOs) in Uganda’s contested criminal justice processes. The chapter draws on semi-structured interviews with both domestic and international NGO staff, lawyers and victim representatives, as well as secondary sources. It also benefits from reflections based on the author’s experience as a legal practitioner in Uganda. Drawing on the theory of legitimacy, it illustrates how NGOs may perpetuate hegemonic structures of international criminal justice through the approaches that they take regarding the prosecution of international crimes at the ICC and the International Crimes Division (ICD) of Uganda. In turn, this asserts a form of sociological legitimacy of the courts in the eyes of the affected communities. On the other hand, the chapter also highlights a limited counter-hegemonic role of some domestic NGOs that prioritize domestic accountability mechanisms over international avenues. Ultimately, attention to NGOs as critical actors is essential if we are to sustain the counter-hegemonic debates in international criminal justice. The findings point to the increasing role of NGOs as key stakeholders in the future of the international criminal justice project.