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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
3 judgments
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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