NAME OF MECHANISM

International Crimes Division of the High Court of Uganda

PERIOD OF OPERATION

May 2008 – present

MANDATE AND OPERATIONS

Mandate: The International Crimes Division has been tasked with prosecuting individuals accused of committing war crimes in the two-decade conflict in northern Uganda.

Staff: Ugandan judges, headed by Justice Dan Akiiki-Kiiza.

RESOURCES

Judiciary of the Republic of Uganda

RESULTS

The International Crimes Division’s first trial, of former Lord’s Resistance Army (LRA) commander Thomas Kwoyelo, began on 11 July 2011 in Gulu, northern Uganda. Kwoyelo is charged with 53 counts of crimes against humanity, including murder, kidnapping and destruction of property – charges he has denied. Kwoyelo’s lawyers are arguing that the state’s decision to deny the accused amnesty is politically motivated and in contravention of Article 21 the constitution, which provides for equal treatment under the law for all citizens [Daily Monitor | 12 Jul 2011]. Northern Ugandans have had a mixed response to the trial, with some arguing that the government is trying Kwoyelo purely for political reasons and others supporting this attempt to hold the commander accountable [Daily Monitor | 11 Jul 2011].

One other case, involving human trafficking, is before the International Crimes Division, but it has been adjourned until October 2011. The government has announced that the court will try at least 18 people accused of planning the 2010 Kampala bombings, but the trial date has not been set [HRW| 7 Jul 2011].

BACKGROUND

The International Crimes Division was established in line with the Juba Peace Agreements, particularly Agenda Item 3 on Accountability and Reconciliation [Beyond Juba]. As specified in the agreements, it will not try Uganda People's Defence Forces soldiers [Radio Netherlands | 18 Sep 2008].

On 9 March 2010, the Ugandan parliament passed the International Criminal Court Act, which enables Uganda to cooperate with the International Criminal Court in investigating and prosecuting crimes against humanity and war crimes.

In a separate but related development, a National Reconciliation Bill was tabled in parliament in 2009 that proposes the establishment of a special war crimes court composed of both local and international judges. The bill recommends the use of several transitional justice mechanisms, including prosecution of the top LRA commanders only; traditional justice processes such as mato oput; and a truth commission to facilitate community healing and address the causes of the conflict. The bill is still being discussed.

SOURCES

[Beyond Juba] 
[Daily Monitor | 11 Jul 2011] 
[Daily Monitor | 12 Jul 2011] 
[Human Rights Watch | 7 Jul 2011] 
[Radio Netherlands | 18 Sep 2008]