Background The International Criminal Court is an interna- Chief Justice posted four Judges of the High tional court that handles cases dealing with seri- Court to In 2006, The Government of (GoU) and ous international crimes, specifically the crime the International Crimes Division. They sit in a the Lord’s Resistance Army (LRA) commenced of genocide, crimes against humanity and war panel of three Judges at war crimes proceed- peace talks to end the conflict in Northern crimes. The ICC was established by the Rome ings. The Head of the Division is Hon. Justice Dan Uganda. Statute in 2002. Uganda ratified and domesti- Akiiki-Kiiza, the Deputy Head of Division is Hon. cated the Rome Statute in June 2010 by enact- Justice Elizabeth Nahamya Ibanda. The other In June 2007, the GoU and the LRA signed an ing the International Criminal Court Act 2010, Judges are Hon. Justice Alfonse Owinyi Dollo annexure to the final peace agreement on meaning that it is obliged to respect the obliga- and Hon. Justice . His Worship Accountability and Reconciliation, which tions in this treaty. Specifically, Uganda has the Tadeo Asiimwe is the Registrar of the Division. required the Government to establish both duty to prosecute the listed crimes when they formal and non-formal justice mechanisms to are committed in its territory. If Uganda is una- 6. How are charges brought before the address accountability and reparations for ble or unwilling to do so, the International Crimi- International Crimes Division? atrocities nal Court may bring charges against offenders According to the (Art committed in Northern Uganda. of such crimes, especially when the offenses 120 (3)) it is the Director of Public Prosecutions, on behalf of the people of Uganda. In line with the Juba Peace Agreement calling were committed in Uganda after 2002. for the establishment of accountability 3. Where is the International Crimes 7. What is the role of the International mechanisms for crimes perpetrated during the Division located? Crimes Division? conflict, the Government of Uganda estab- The ICD is located at Plot 8 Mabua Road, Kolo- The role of the ICD is to hear the evidence lished the War Crimes Division in 2008, now the lo, . However, the court may also sit in presented by the Prosecution and any case International Crimes Division of the High Court, any other place in Uganda as the Chief Justice presented by the Defense to raise serious doubt to try individuals suspected of committing war and the Principal Judge may decide. about the case presented by the Prosecution. crimes in the country. Thereafter the ICD has to decide whether the 4. Which crimes are handled by the accused is guilty or not guilty. 1. What is the International Crimes International Crimes Division? Division? The ICD has jurisdiction over serious international 8. What is the role of the Registry of the The International Crimes Division (ICD) is a crimes as prescribed in the Practice Directions International Crimes Division? permanent division of the Ugandan High Court; of the ICD (Legal Notice No. 10 of 2011, gazet- The ICD Registry provides administrative support it was established in 2008, under the 1995 Con- ted 31 May 2011). The offenses include: Any to the International Crimes Division and coordi- stitution of the Republic of Uganda. Originally it offense relating to genocide, crimes against nates all aspects of the trial. The Registrar is the was called the War Crimes Division. The ICD is humanity, war crimes, terrorism, human traffick- Head of the Registry. a national court and shall not be confused with ing, piracy, and any other crimes as prescribed 9. What is the role of Prosecutors? the International Criminal Court (ICC) which is by the Law. situated in The Hague, Netherlands. Prosecutors guide the police in investigating 5. How many Judges does the a crime. If prosecutors think there is sufficient 2. Is the International Crimes Division the International Crimes Division have? evidence to prove that someone committed a same as the International Criminal Court? The Principal Judge in consultation with the crime, they institute a criminal case in a court. No. The International Crimes Division is a Division At trial, of the High Court of Uganda. prosecutors try to convince Judges that the ac- Yes, to the Court of Appeal and thereafter to cused committed the crimes. Prosecutors must the Supreme Court. prove their case beyond a reasonable doubt. 15. How long do international crimes trials 10. What is the role of the Criminal last? Investigations Department (CID) of the Depending on how complex the case is and COURTS Police? how many witnesses will testify, war crimes trials OF JUDICATURE The CID investigates the cases, summons wit- can take many months to conclude. There is no nesses at the hearing stage, produce exhibits in time limit, however, trials must be conducted Court, and testify as investigators in the case. without undue delay.

11. What is the role of the defense? INTERNATIONAL The Defense speaks on behalf of the accused. CRIMES DIVISION (ICD) They also try to convince the Judges that the accused did not commit the crimes and they OF THE HIGH COURT OF help to ensure that the rights of the accused UGANDA are protected.

12.What kind of protection measures can FREQUENTLY ASKED QUESTIONS be provided to witnesses? Existing protection measures include: physical protection, internal relocation, external reloca- tion, change of witness’ contact details. Protec- tion of the witness’ identity, including withhold- ing names from the press, shielding witnesses’ faces during testimony, and presenting sensitive Mission Of International Crimes testimony in closed court sessions. These meas- Division ures can apply before, during and after the trial. To fight impunity and promote human rights, 13. How can victims participate in criminal peace and justice. trials? International Crimes Division Current practice in Uganda is that victims can Plot 8 Mabua Road, Kololo, Kampala Mission Of The Ugandan Judiciary participate as witnesses if called by the Pros- P.O. Box 7085 Kampala, UGANDA An independent, competent, trusted and accountable ecution or defense to help the court decide Tel.: +256 (0) 414 233 420/1/2 Judiciary that administers justice to all. whether the accused is guilty or not. Victims Website: www.judicature.go.ug can also attend the hearings as members of the public. Vision Of The Ugandan Judiciary Published with support of Justice for all. 14. Can decisions of the International DANIDA Crimes Division be appealed?