Prosecuting International Crimes in Africa - PULP - University of ...

208 Chapter 9
reconciliation at all levels. 66 In what appears to be an assertion of the
relevance of the principle of complementarity, the parties expressly
affirmed that: 67
Uganda has institutions and mechanisms, customs and usages as provided for
and recognised under national laws, capable of addressing the crimes and
human rights violations committed during the conflict. The parties also
recognise that modifications may be required within the national legal system
to ensure a more effective and integrated justice and accountability response.
Thus, in line with the agreement on informal measures of justice, the
parties endorsed ‘as a central part of the framework for accountability and
reconciliation’, traditional justice mechanisms such as Culo Kwor, Mato
oput, Kayo Cuk, Ailuc and Tonu ci Koka as practised in the communities
affected by the conflict. 68 The parties also agreed on the application of
alternative justice mechanisms such as traditional justice processes,
alternative sentences and reparations. 69 It was, however, agreed that the
formal courts would exercise jurisdiction over individuals that bore
particular responsibility for the most serious crimes, especially crimes
amounting to international crimes. 70 This was in addition to gross human
rights violations arising from the conflict. 71
Legislative changes were to be made to introduce a regime of
alternative penalties and sanctions which would apply and replace existing
penalties with respect to serious crimes and human rights violations. 72
Such alternative penalties were to reflect the gravity of the crimes or
violations; promote reconciliation; promote rehabilitation of offenders;
and require perpetrators to make reparation to victims. 73 Other provisions
dealt with the place and role of victims; 74 reparations; 75 the special
position and needs of women, girls and children; 76 and the resources for
implementation of the agreement. 77
The Annexure to the Agreement, dated 19 February 2008, sets out a
framework by which the provisions of the Principal Agreement are to be
implemented. The Annexure makes provision for the establishment of a
number of institutions, including a special division of the High Court to try
66 Para 2.3.
67
Para 5.1.
68 Para 3.1.
69 Para 5.3.
70
Para 6.1.
71 Para 6.2.
72 Para 6.3.
73
Para 6.4.
74 Para 8.
75 Para 9.
76
Paras 11 and 12.
77 Para 13.