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国际刑事法院对乌干达上帝抵抗军领导人的起诉面临着诸多困境:正义理念与逻辑的冲突、政治观与法律观的矛盾、外界对其干预条件与法律效力的质疑。这凸显了西方与非洲地方治理价值观与规范的冲突、国际刑事法院的偏见与双重标准、缺乏对和平进程与儿童保护的重视。鉴于当地人对和解与安全的渴望远远高于其对正义与惩罚的追求,解决北乌干达冲突和上帝抵抗军问题,仅依靠国际法的惩罚与威慑是不够的,还必须重视当地的司法方式和冲突解决实践,重视武装冲突解决的参与进程,大力支持和促进北乌干达地区的经济建设与发展,加强对非洲地区的和平建设。
The International Criminal Court’s prosecution of the leaders of the Lord’s Resistance Army in Uganda is facing many difficulties: the conflict between the concept of justice and logic, the contradiction between the political concept and the legal concept, and the question about the conditions for its intervention and the legal validity. This highlights the conflict between the values and norms of local governance in the West and Africa, the prejudices and double standards of the ICC, and the lack of focus on the peace process and child protection. Given that the local people’s desire for reconciliation and security is much higher than their pursuit of justice and punishment, it is not enough to rely solely on the punishment and deterrence of international law in resolving the issue of the northern Ugandan conflict and the Lord’s Resistance Army. It must also attach importance to the local judiciary and Conflict resolution practice, attach importance to the process of participating in the resolution of armed conflicts, vigorously support and promote economic construction and development in the northern Uganda region, and strengthen peacebuilding in the African region.