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

216 Chapter 9
hosting of the ICC Review Conference, the government hastily revived the
domestication process.
The objectives of the Bill that originated in the International Criminal
Court Act were set out in detail in its memorandum which, among others,
include: (a) giving force of law in Uganda to the Rome Statute of the ICC;
(b) the implementation of obligations assumed by Uganda under the Rome
Statute; (c) making further provision in Uganda’s law for the punishment
of the international crimes of genocide, crimes against humanity and war
crimes; (d) enabling Uganda to co-operate with the ICC in the
performance of its functions; (e) providing for arrest and surrender to the
ICC of persons alleged to have committed crimes referred to in the Rome
Statute; (f) providing for various forms of requests for assistance to the
ICC; (g) enabling Ugandan courts to try, convict and sentence persons who
have committed crimes referred to in the Rome Statute; (h) enabling the
ICC to conduct proceedings in Uganda; and (i) providing for the
enforcement of penalties and other orders of the ICC in Uganda.
To fulfil the above objectives, the ICC Act makes the provisions of the
Rome Statute applicable in Uganda. It defines and makes applicable the
offences of genocide, crimes against humanity, and war crimes as defined
by the Rome Statute. The Act adopts the same substantive elements of the
crimes as described by the Rome Statute. Some variances are however
noticeable with regard to some of the sentences. This is true in respect of
offences against the administration of justice as defined in article 70 of the
Rome Statute. Under the ICC Act, any judge of the ICC who, elsewhere
or in Uganda, corruptly accepts or obtains a bribe in respect of acts in his
or her judicial capacity, commits an offence and is liable on conviction to
imprisonment of up to fourteen years. 114 Registrars and Deputy-Registrars
of the ICC found guilty of similar charges are liable to imprisonment of up
to seven years. 115 The same punishment is applicable to officials of the
ICC found guilty of corruption.
In contrast, under the Rome Statute conviction in respect of offences
against the administration of justice attracts a punishment of
imprisonment not exceeding five years or a fine. 116 Variations are also
noticeable with respect to other offences against the administration of
justice, including giving false evidence, fabricating evidence, conspiracy to
defeat the ends of justice before the ICC, and interference with witnesses
or officials of the ICC. Under the ICC Act, all these offences attract a
punishment of imprisonment of up to seven years, in contrast to the five
years and a fine under the Rome Statute.
114 Sec 10(1) ICC Act.
115 Sec 10(2) ICC Act.
116 Art 70(3) Rome Statute.