It is now fifteen years since the arrest of Thomas Kwoyelo, the ex-Lord’s Resistance Army (LRA) commander on charges of crimes against humanity.

To date, his trial has never been concluded causing a lot of anxiety for him, the victims and the vigilant members of the public.

However, Dr Flavia Zeija, the Principal Judge, has explained that the trial of Kwoyelo has dragged on majorly because of the distinct procedures of the International Crimes Division of the High Court, which is trying him coupled with inadequate funding.

“This case will soon be concluded because we have moved up to the level of no case to answer. This case has dragged on because Kwoyelo first contested the trial and it went up to the Supreme Court, which okayed his trial. Secondly, the procedure used by this court is not the usual one used in our domestic court hence the prolonged trial,” Zeija said.

This was during the launch of the judicial bench book on the criminal adjudication of international crimes in Uganda at Mestil Hotel in Kampala on Thursday, in presence of several judges and state prosecutors from the Office of the Director of Public Prosecutions (ODPP).

The launch of the book was spearheaded by the Judicial Training Institute, Avocats Sans Frontiers (ASF), International Center for Transitional Justice (ICTJ) with support of the Austrian Development Cooperation and the Belgium Government.

The book is intended to act as an authoritative reference point on practice and procedure for the criminal prosecution and adjudication of international crimes drawn from the experiences and jurisprudence of international criminal tribunals.

Kwoyelo is facing 93 charges of war crimes and crimes against humanity allegedly committed between January 1995 and December 2005. He has been in detention since his capture in 2008.

Zeija said cases handled by the court involve a rigorous process both in investigation and trial and thus some lawyers and judges do not understand the procedure, which explains delayed disposal of the cases before it.

“The Judicial bench on the criminal adjudication of the international crimes in Uganda is one of effective measures for demystifying the complexities in investigating and prosecuting international crimes. I have no doubt that it will serve as an effective tool for the practitioners and the judges to efficiently adjudicate on the matters,” Zeija said.

Established as War Crimes Division of the High Court in July 2008, the court handles cases such as crimes against humanity, genocide, terrorism, war crimes and human trafficking.

Similarly, Zeija said the trial of ex-Allied Democratic Forces (ADF) commander Jamil Mukulu and his co-accused has been delayed because of inadequate funding but it will soon kick off.

In regard to Rwenzururu King Charles Wesley Mumbere case, Zeija expressed gratitude that it has been resolved.

Book commended

Zeija paid tribute to the late High Court judge Elizabeth Ibanda Nahamya for her enormous contribution in the compilation of the book.

Supreme Court Justice Mike Chibita, also the chairperson of the Judicial Training Institute (JTI) governing council, appreciated the book, saying it will serve as an indispensable tool for the judiciary in dealing with international crimes.

“There has been a lack of clear procedure and practice when it comes to international crimes and I believe this book is going to serve as an indispensable tool for the judiciary in dealing with international crimes,” Chibita said.

ICTJ head Sarah Kasande Kihika explained that the book was generated out of extensive research and analysis of international legal materials and through interviewing the judges of the court, legal experts and civil society actors. “We believe the book will be an asset to the ICD in handling international crimes in Uganda,” Kihika said.

Kihika observed that while Uganda has made great strides in adjudication of international crimes, more is needed to be done so that Uganda becomes a model country in the continent