HC: International Crimes Division (Uganda)

The International Crimes Division is a special Division of High Court of Uganda which was established in July 2008. Hon. Justice James Ogoola a Principal Judge of the High Court as he then was pursuant to Article 141 of the constitution of the Republic of Uganda 1995 established War Crimes Division (now THE INTERNATIONAL CRIMES DIVISION OF THE HIGH COURT).

Considering the civil wars and a series of other internal conflicts, which Uganda has experienced in the recent past, it decided to establish the ICD to try the perpetrators of war crimes and crimes against humanity including commanders of the LRA and other rebel groups.

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Plot 8 Mabua Road, Kololo, Kampala- Uganda.

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https://judiciary.go.ug/data/smenu/18/International%20Crimes%20Division.html

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10 judgments

Citation	Judgment date
December 2022
Bakulha & 48 Others v Uganda (Miscellaneous Application 17 of 2022; Miscellaneous Application 18 of 2022) [2022] UGHCICD 8 (19 December 2022) Whether serious, multiple charged offences and insufficient individual medical proof defeated exceptional-circumstances bail applications, balancing liberty and security. Bail — Trial on Indictments Act s.15 — "Exceptional circumstances" (grave illness, advanced age) — proof standards; Bail Guidelines 2022 — fixed place of abode; substantial sureties; likelihood to abscond; seriousness of offences and public/security interest.	19 December 2022
November 2022
Uganda v Tukwasibwe (HCT-00-ICD-CR-SC 9 of 2022) [2022] UGHCICD 1 (22 November 2022) ICD has jurisdiction over trafficking and defilement charges; Principal Judge’s transfer valid; objections dismissed. * Constitutional law – High Court unlimited original jurisdiction (Article 139) – specialised divisions (ICD) retain competence; * Criminal jurisdiction – human trafficking and defilement fall within ICD Practice Directions paragraph 6; * Statutory interpretation – Section 18 (trafficking Act) does not oust constitutional jurisdiction; * Judicial administration – Principal Judge’s administrative power under Article 141 and Section 20 Judicature Act permits transfer of cases; * Fair trial – ICD pre-trial procedures do not inherently violate right to a speedy and fair trial.	22 November 2022
Uganda v Muhwezi & 19 Others (Session Case 4 of 2021) [2022] UGHCICD 5 (15 November 2022) Pre‑trial confirmation applied ICC ‘substantial grounds’ test; multiple trafficking and brothel charges confirmed, many others dismissed. • International Crimes Division (ICD) – pre‑trial confirmation – applicable standard: Rome Statute/ICC ‘substantial grounds to believe' (Art.61(7)) • Trafficking in Persons Act 2009 – aggravated trafficking in children – elements: act, means (not required where victim is child), purpose (sexual exploitation), participation and aggravating factor (childhood) • Evidence – police statements, medical Form 3A reports and scene photos – proof of child status and sexual exploitation • Penal Code Act – operating a brothel proven; prostitution charge dismissed for insufficient evidence • Discharge/dismissal – several accused discharged for lack of evidence; confirmations committed to trial	15 November 2022
October 2022
Kato & 4 Others v Uganda (Criminal Miscellaneous Application 6 of 2022) [2022] UGHCICD 6 (27 October 2022) A pre-trial judge in the ICD may hear bail applications; Rule 54(1) is void to that extent. International Crimes Division – Bail – Jurisdiction of pre-trial judge – Rule 54(1) ICD Rules – Article 23(6)(a) Constitution – Section 14 Trial on Indictments Act – Constitutional supremacy – Rule void to extent of inconsistency.	27 October 2022
Uganda v Kyalimpa & Another (Session Case 2 of 2020) [2022] UGHCICD 4 (4 October 2022) Pre-trial confirmation applied the ICC ‘substantial grounds to believe’ standard; forgery/uttering confirmed, trafficking and attempt charges dismissed. * Criminal procedure (ICD) – Pre-trial confirmation – Standard: substantial grounds to believe (Rome Statute/ICC standard) applied mutatis mutandis under ICD Rules. * Amendment of indictment – Late oral amendment at confirmation stage irregular and prejudicial; notice and justification required. * Trafficking – Elements include act, means (fraud/deception) and purpose (exploitation); absence of victim statements and proof of means/purpose defeats trafficking/attempt charges. * Forgery and uttering – Forensic examination and ministry confirmation can establish falsification and intent to defraud; sufficient for confirmation of forgery, tampering and uttering counts.	4 October 2022
Uganda v Sserwadda & 6 Others (Miscellaneous Cause 14 of 2022) [2022] UGHCICD 9 (3 October 2022) Court allowed limited, redacted and delayed disclosure to protect witness safety while safeguarding fair-trial rights. Criminal procedure – witness protection – Rule 22 ICD Rules – redacted, delayed and summary disclosure; balancing witness-safety and accused’s Article 28 fair-trial rights; objective risk and proportionality standard (ICC jurisprudence).	3 October 2022
September 2022
Ssewanyana & Another v Uganda (Miscellaneous Application 19 of 2022) [2022] UGHCICD 7 (28 September 2022) Application to consolidate two criminal files dismissed; counts may be joined but persons cannot be joindered on these facts. Criminal procedure – consolidation v joinder; Trial on Indictments Act ss.23–24 – joinder of counts and persons; consolidation alien to criminal law; misjoinder; Article 28 right to fair and speedy trial and double jeopardy; DPP discretion; inherent powers of the court.	28 September 2022
Uganda v Sserwadda & 6 Others (Miscellaneous Cause 14 of 2022) [2022] UGHCICD 10 (26 September 2022) Ex parte pre-trial witness-protection applications can lawfully limit disclosure without violating fair trial rights. * Criminal procedure – Pre-trial disclosure – Witness protection orders – Non-disclosure, delayed and redacted disclosure; * Rule 22(2) ICrimes Division Rules – mandatory ex parte procedure where disclosure may prejudice investigations; * Constitutional law – Article 28 fair trial rights – disclosure is prima facie required but not absolute; * Pre-trial judge’s discretion to balance disclosure against witness safety; * International standards – ICC Rules and domestic rule-making under Judicature Act.	26 September 2022
May 2022
Uganda v Maliki (Session Case 3 of 2021) [2022] UGHCICD 3 (6 May 2022) Court confirmed charges, finding substantial grounds to believe accused committed aggravated trafficking in a child and defilement. * International Crimes Division — Pre‑Trial confirmation — standard of proof: substantial grounds to believe (ICC Article 61(7)) applied mutatis mutandis. * Trafficking in persons — aggravated trafficking in children — elements: act (recruitment/harbouring), means (not required for child), and purpose (sexual exploitation). * Defilement — elements: victim under 18, sexual act, participation by accused. * Age determination — parental testimony, medical reports, school records as evidence; inconsistent medical reports do not defeat parental evidence.	6 May 2022
Uganda v Nsungwa (Criminal Session Case 7 of 2021) [2022] UGHCICD 2 (4 May 2022) Court applied the Rome Statute "substantial grounds to believe" standard and committed the accused for aggravated trafficking in children. * International Crimes Division – confirmation of charges – applicable standard of proof – adoption of Rome Statute Article 61(7) "substantial grounds to believe". * Criminal law – Prevention of Trafficking in Persons Act – aggravated trafficking in children – elements: transportation/recruitment, victim is a child, means (deception/abuse of power/vulnerability), purpose sexual exploitation. * Evidence – medical PF3 corroborating sexual intercourse; birth notification establishing age.	4 May 2022