Kwoyelo compensation ruling for today

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The International Crimes Division (ICD) of the High Court is set to deliver a landmark ruling on reparations for victims in the Thomas Kwoyelo case today (December 16, 2024).

Kwoyelo, a former commander in the Lord’s Resistance Army (LRA), was convicted in August 2024 of 44 counts, including murder, torture, rape, and kidnapping.

He was sentenced to 40 years in prison but will serve 25 years after deducting the 15 years he has already spent in custody at Luzira Maximum Prison.

This ruling, if in favour of the victims, will mark a historic milestone, as it will be the first time a domestic court orders reparations for victims of war crimes and crimes against humanity.

Previously, such reparations had only been addressed by international courts, including the International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Court, and the International Court of Justice.

The decision underscores the Ugandan judiciary’s growing capacity to handle complex international crimes and reaffirms its commitment to providing justice and healing for victims. It also positions Uganda as a leader in creating homegrown accountability mechanisms for war crimes.

The International Crimes Division of the High Court, sitting in Gulu, presided over by judges Michael Elubu, Duncan Gaswaga, Stephen Mubiru, and Andrew Bashaija found Kwoyelo guilty of the offences after the prosecution proved the crimes beyond reasonable doubt.

The judges noted that evidence presented during the trial indicated that the attacks were intentional, with civilians being subjected to systematic violence, including killings, torture, and abductions.

The judges ruled that the prosecution proved Kwoyelo's culpability, demonstrating he knew crimes would be committed against civilians while holding a command position.

“Prosecution has adduced evidence showing that Kwoyelo was aware of the atrocities being committed,” Elubu said.

According to the judges, the planning for the attack occurred at his (Kwoyelo) post or home, who had effective control over troops. Kwoyelo also directed soldiers to assault abducted victims.