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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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April 2023
Uganda v Mansur (HCT-00-ICD-CR-SC 5 of 2022) [2023] UGHCICD 15 (17 April 2023)
Pre-trial confirmation applied the Rome Statute 'substantial grounds' test, confirming trafficking counts against some accused and dismissing others.
Criminal procedure – International Crimes Division – pre-trial confirmation – Article 61 Rome Statute standard of "substantial grounds to believe" applied; Trafficking in persons – aggravated trafficking in children – elements (recruitment/transport, child status, means, purpose of exploitation); Joint indictment – need for evidence of individual responsibility; Evidential limits of summary/documentary proof at confirmation stage; Dismissal/striking out of counts unsupported by summary or repetitive counts.
 17 April 2023
Uganda v Rwigambwa (HCT-00-ICD-CR-SC 6 of 2021) [2023] UGHCICD 1 (13 April 2023)
Insufficient, inconsistent evidence and investigative gaps meant no prima facie case; accused acquitted on all counts.
Criminal procedure — s.73 Trial on Indictments Act — prima facie case; Trafficking in persons — elements: recruitment/coercion, exploitation, parental control; Forgery — falsity of document’s nature versus content; Uttering false documents — need to prove accused knowingly used forged documents; Evidence — material inconsistencies, lack of corroboration, inadequate investigation.
 13 April 2023
Uganda v wakwaya (HCT-00-ICD-CR-SC 1 of 2022) [2023] UGHCICD 2 (13 April 2023)
A proved amnesty for crimes committed in furtherance of war extinguishes criminal charges; indictment struck out.
Amnesty – effect of pardon on prosecutions – Amnesty Act scope for crimes committed in furtherance of war or rebellion; Constitutional bar (Article 29(10)) to trying a pardoned person; pre‑trial confirmation standard under Article 61(5) Rome Statute; aggravated trafficking in children and membership of a terrorist organisation considered within amnesty where committed in furtherance of rebellion.
 13 April 2023
Uganda v Dhikusooka alias Hibwagi Sinani Farook alias Sooka and 4 Others (HCT-00-ICD-CR-SC 5 of 2021) [2023] UGHCICD 3 (4 April 2023)
Whether prosecution’s pre‑trial disclosure established substantial grounds that the accused committed terrorism and trafficking offences.
International Crimes Division — Pre‑trial confirmation — substantial grounds standard; Terrorism offences — belonging to listed terrorist organisation; rendering support; terrorist financing (Section 9A) — intent/knowledge; Trafficking in persons — aggravated trafficking, trafficking in children — act, means (deception), purpose (exploitation); Conspiracy to commit trafficking.
 4 April 2023