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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
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December 2023
Uganda v Costa (HCT-00-ICD-CR-SC 14 of 2022) [2023] UGHCICD 17 (18 December 2023)

 

 18 December 2023
Uganda v Kwoyelo Thomas alias Latoni (Criminal Session Case 2 of 2010) [2023] UGHCICD 4 (18 December 2023)
Whether customary international law permits prosecution and whether a prima facie case exists against the accused.
* International humanitarian law – non‑international armed conflict threshold – intensity, duration, organisation of non‑state armed group;* Crimes against humanity – applicability as customary international law/jus cogens and non‑retroactivity (principle of legality);* No‑case‑to‑answer standard – prima facie evidence required to call accused to defence;* Specific evidential elements – hostage‑taking (intent to obtain advantage), murder, kidnapping, procuration of unlawful carnal knowledge;* Procedural issues – duplicative counts and acquittal where essential elements lacking.
 18 December 2023
Chelimo & 2 Others v Uganda (Criminal Miscellaneous Application 9 of 2023) [2023] UGHCICD 8 (8 December 2023)
Bail refused due to grave trafficking/defilement charges, risk of absconding and likely witness intimidation.
Criminal procedure – Bail – Discretion under Article 23(6)(a) and Sections 14–15 Trial on Indictments Act; exceptional circumstances; substantial sureties; gravity of offence (aggravated trafficking in children — death penalty); risk of absconding and witness intimidation; multiple indictments; readiness for trial.
 8 December 2023
Uganda v Agaba (HCT-00-ICD-CR-SC 18 of 2023) [2023] UGHCICD 9 (8 December 2023)
Technical errors in an indictment do not nullify charges; evidence sufficiently established aggravated child trafficking and charges were confirmed.
Criminal procedure – Confirmation of charges – "Substantial grounds to believe" standard; Trafficking in persons – Aggravated trafficking of a child – elements: receipt/harbouring, child status, deception/abuse of vulnerability, sexual exploitation; Indictment irregularity – drafting error not fatal where no prejudice.
 8 December 2023