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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
2 judgments
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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