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.

Physical address
Plot 8 Mabua Road, Kololo, Kampala- Uganda.
2 judgments
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2 judgments
Citation
Judgment date
November 2023
Court confirmed charges, finding substantial grounds to believe accused committed aggravated child trafficking and aggravated defilement.
Confirmation of charges – pre‑trial standard – substantial grounds to believe (Rome Statute/ICC standard) applied by ICD. Trafficking in persons – aggravated trafficking in children – elements: act, means, purpose, participation, aggravating factor of child; Section 3(3) obviates proving means where victim is a child. Aggravated defilement – proof of sexual act and age – medical and testimonial evidence acceptable to establish victim's age. Consent irrelevant where victim is a child under PTIPA.
20 November 2023
Court applied the ICC 'substantial grounds' standard and confirmed child trafficking and aggravated defilement charges against the accused.
Confirmation of charges – pre-trial standard: substantial grounds to believe (Rome Statute Art.61(7)) applied; Aggravated trafficking in children (PTIPA s.3/5) – receipt/harbouring of a child for sexual exploitation; Section 3(3) PTIPA: child-victim exception to proving means; Aggravated defilement (Penal Code) – sexual act on child under 14; Victim’s testimony and medical report (old ruptured hymen) sufficient at confirmation; Minor inconsistencies do not preclude confirmation.
9 November 2023