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

214 Chapter 9
constraints in the Justice, Law and Order Sector. 105 The judicial system,
with a case-disposal rate of only 41 per cent, is also clogged with a huge
backlog in cases, which slows down the processes of the administration of
justice. 106 This is in addition to overcrowding in prisons which are holding
twice the number of persons they were originally designed to
accommodate. 107 All these constraints have the potential of impacting
negatively on the prosecution of international crimes.
4.1 Geneva Conventions as a source of international criminal
justice
It may appear that domesticating the Rome Statute is the first attempt to
punish international crimes under Uganda’s laws. On the contrary, though
not comprehensive, the domestic prosecution of international crimes has
always been part of Uganda’s laws. Domestic laws governing the conduct
of armed conflicts can be used to prosecute leaders of the LRA in relation
to the armed conflicts in Uganda. Although the law in Uganda applies
essentially to members of the Armed Forces of Uganda, it can still be
extended to cover rebels as well. This position is reflected in the 1964
Geneva Conventions Act, 108 domesticating the 1949 Geneva
Conventions. This Act makes punishable grave breaches of the Geneva
Conventions, when committed by ‘[a]ny person, whatever his or her
nationality ... whether within or outside Uganda’. 109 The principle of
universal jurisdiction is emphasised, and the relevant provision provides as
follows: 110
(2) Where an offence under this section is committed [outside] Uganda, a
person may be proceeded against, indicted, tried and punished for that
offence in any place in Uganda as if the offence had been committed in that
place, and the offence shall, for all purposes incidental to or consequential on
the trial or punishment of that person be deemed to have been committed in
that place.
The punishments range from imprisonment for a term not exceeding
fourteen years and life imprisonment in the case of a grave breach
involving the wilful killing of a protected person. 111 The Act makes legal
representation mandatory for persons charged with grave breaches as
described above. 112 It is important to note that although this Act was
promulgated in 1964, not a single person has been prosecuted under its
provisions and as a result no opportunity has arisen to test its provisions.
105 National Planning Authority National Development Plan (2010) 296.
106 As above, 292.
107 As above, 295.
108 Ch 363, Laws of Uganda, 2000.
109 Sec 2(1) Geneva Conventions Act.
110 Sec 2(2) Geneva Conventions Act.
111 Sec 2(1) Geneva Conventions Act.
112 Sec 4 Geneva Conventions Act.