Top advocates endorse Nsereko for ICC job

Dec 09, 2007

THE legal profession bears footprints of this great judge. His appointment marks a climax of a professional history of accomplishments spanning over 34 years on the court circuit. <br>

By Arthur Baguma

THE legal profession bears footprints of this great judge. His appointment marks a climax of a professional history of accomplishments spanning over 34 years on the court circuit.

He is an advocate in private practice and an academic who strongly cherishes the independence of the judiciary.
David Ntanda Nsereko, a Ugandan advocate, was elected a judge in the International Criminal Court (ICC), last Tuesday. Nsereko joins the court together with Bruno Cotte (France) and Fumiko Saiga (Japan), who were elected in the first round of voting the Friday before.

His election is significant given the pending case against a number of Ugandan nationals, including the Lords Resistance Army rebel leader, Joseph Kony.

In July 2005, ICC issued warrants of arrest for Kony, his deputy Vincent Otti (rumoured dead) and three of his commanders, Dominic Ongwen, Okot Odhiambo and Raska Lukwiya. Last Tuesday, the UN Secretary General, Ban-ki Moon, reiterated his call to all countries to arrest Kony and his accomplices.

Colleagues describe Nsereko as a man of integrity who enjoys a reputation of high moral character and impartiality. There would not have been any better choice than him, according to colleagues who have worked with him in the legal profession and the academia.

John Katende, who was his lecturer at Makerere University in the 1970s, says Nsereko carried himself like a man destined for greater heights.
“We were together at university and I found him very insightful and academic-oriented. He is persistent when pursuing something and is thorough with what he puts his hands on,” says Katende, also of Katende Ssempebwa and Company Advocates.

His words were echoed by Prof Frederick Ssempebwa, a classmate of Nsereko at the University of Dar-es-salaam between 1965-1968. “He is a humble and down-to-earth person who spent most of his time lecturing in Botswana. I have no doubt he will do a good job,” he adds.

Nsereko says serving as a judge at ICC will enable him contribute to the cause of peace by enforcing international justice in war-torn regions of the world.

“It will enable me bring a perspective from my unique experience and from my region that will assist the court in the accomplishment of its mandate,” Nsereko says.

Nsereko was an expert consultant to the UN Congress on Prevention of Crime and Treatment of Offenders. He also actively participated in efforts to establish ICC as part of the NGO Coalition for the establishment of the permanent ICC.

There is an African proverb that he finds particularly applicable to ICC. “A monkey can never be a judge in the affairs of the jungle.” This essentially means that one cannot be a judge of one’s own cause. It is in light of this basic insight that Nsereko comes with a fresh non-western perspective on western policies and their implications on ICC.

As a human rights’ specialist, he is familiar with the international minimum standards of justice that ICC will have to observe strictly. He possesses an excellent command of written and spoken English.

As an advocate with vast experience, he possesses recognised and internationally-acknowledged competence in international law, international criminal law, international humanitarian law and the law of human rights. He has worked in many countries with people of different nationalities and cultures.

Nsereko is a graduate of New York University where, on scholarship, he earned his doctorate in international law and wrote his dissertation on the international protection of refugees.

He has been a professor of law at the University of Botswana since 1984 and has written extensively on human rights and public international law.

Nsereko was a human rights activist during the turbulent times in Uganda and was later an advocate for the Ugandan Supreme Court. His greatest role model was Chief Justice Ben Kiwanuka, “a bold judge and jurist”.

Although appointed Chief Justice by Idi Amin, Kiwanuka did not hesitate to hand down verdicts that were unpopular with the Government. Before long, this man whose integrity and values the young Nsereko so greatly admired suddenly disappeared.

Nsereko knows what it is to live under a dictatorship in perpetual fear.
Nsereko holds a Doctorate in Juridical Science from New York University, two masters’ degrees and Bachelor of Laws from the University of Dar-es-Salaam.

He has also served as an advocate of the High Court of Uganda. He also took part in the negotiation process of the Rome Statute from 1995 to 2002.
He has written and published with reputable publishing houses, as well as numerous scientific/scholarly articles internationally and journals, on criminal law, criminal procedure, as well as on evidence and ethics.

On request, he provided expert legal opinions in international criminal law and human rights to the International Criminal Tribunal for Rwanda. Nsereko was born in Nabinene in Buddu to Obadia Busulwa and Tolofyina Ndagire.

He attended his primary education at Kabuwoko Boys School and Kako Junior Secondary School and later Kings College Budo.

Achievements
Fellow at the Hague Academy of International Law.

On the Advisory Board of the War Crimes Research Office of the American University College of Law.

Participated in the negotiation process of the ICC Statute between 1995 and 2002 as an academic, legal and government expert.

Uganda’s delegate as legal advisor to several sessions of the Assembly of States Parties in New York and to all the meetings of the Special Working Group on the Crime of Aggression at Princeton, New Jersey.

Expert in the drafting of the UN Declaration on the Rights of Victims, and has written extensively on victim rights.

UN expert in crime prevention and criminal justice.

In 1996, the International Society for the Reform of Criminal Law awarded him a medal in recognition of his contribution to international human rights and criminal law reform.

In 1991, he served on the Scientific Advisory Committee for the International Society for Traumatic Stress.

Since 1987, he has been a member of the board of directors of the International Society for the Reform of Criminal Law.

1996-to date: Professor of Law, University of Botswana, Gaborone

1992-1996: Associate Professor of Law, University of Botswana

1984-1992 Senior Lecturer in Law, University of Botswana

1993-1994 Walter S. Owen Visiting Professor of Law, University of British Columbia, Faculty of Law, Vancouver.

1983 Social Affairs Officer, United Nations Centre for Development and Humanitarian Affairs, New York.

1983-1984 Expert Consultant, Crime Prevention and Criminal Justice Branch of the UN Centre for Social Development and Humanitarian Affairs, New York.

1978-82: Full time Private Law Practice, Kampala, Uganda

1975-1978: Senior lecturer of Law, Makerere University.

1971-1975 Lecturer of Law, Makerere University.

1968 Pupil Advocate with Kiwanuka & Co. Advocates, Kampala.

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