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
March 2023
Bail refused: applicant’s residences established but sureties found insubstantial, creating high absconding risk.
* Criminal procedure – Bail – Application for bail pending trial on terrorism and murder charges – Requirement to prove exceptional circumstances for specified offences under section 15 TIA – Primary inquiry whether accused is likely to abscond. * Fixed place of abode – evidence from ID, charge sheet and LC1 letters can establish residence. * Sureties – substantiality assessed by relationship, residence, documentary proof and ability to ensure attendance; contradictory or weak sureties may justify refusal of bail. * Consideration of gravity of offence and risk of interference with witnesses under Bail Guidelines and Article 23(6)(a).
28 March 2023
Pre‑trial confirmation: substantial grounds found to believe accused committed aggravated trafficking of a child; charge confirmed and sent for trial.
Criminal procedure – International Crimes Division pre‑trial confirmation – appropriate standard: "substantial grounds to believe" (Rome Statute Article 61) – aggravated trafficking in children (PTP Act 2009) – elements: victim's age, recruitment/harbouring, means/vulnerability, sexual exploitation and accused's participation – child victim: means/consent irrelevant.
20 March 2023