The performance of the High Court of Uganda in handling international crimes

Abstract

The research aimed to examine the Performance of the High Court of Uganda in Handling International Crimes. Considering the civil wars and a series of other internal conflicts that Uganda has experienced recently, findings show that the High Court’s relevance is exhibited in trying the perpetrators of war crimes and crimes against humanity, including commanders of the LRA and other rebel groups. Under Section 6 of The High Court (International Crimes Division), Practice Directions, Legal Notice No. 10 of 2011, the International Crimes Division of the High Court of Uganda (ICD) deals with the perpetrators of serious crimes, including war crimes, crimes against humanity, genocide, terrorism, human trafficking, piracy and other international crimes. The following objectives specifically guided this study; To examine the relevance of creating the ICD in handling international crimes, analyse the performance of the ICD in conducting international crimes, and examine whether ICD trials deliver justice to the parties involved in criminal justice in Uganda. Theoretically, the study took on the Liberalism versus Realist views based on the assumptions that democratic states are more likely to adopt or not depending on their interests with international legal norms, and constructivism rests on the assumption that shared ideas influence compliance with international legal norms. The study used a case study design that adopted a qualitative approach where participants were interrogated mainly using interviews. The selection of participants for the study was done using convenient and snowball sampling techniques. Based on the study results, it was found that the most helpful indicator of the relevance of ICD in handling international crimes in Uganda is informing victims and their understanding of their rights and the judicial process. It is evidenced by the fact that many victims of the crimes currently before the ICD have little or no knowledge of the justice system. It was established that the performance of the ICD was applauded by the participants of the study in its capacity to conduct investigations and prosecutions while handling international crimes in Uganda. It was recommended that the government prioritise the ICD and provide it with adequate funding to operate effectively as a particular Division of the High Court of Uganda.