KAMPALA-In a trailblazing victory, the Office of the Director of Public Prosecutions (ODPP) has secured 44 convictions against Thomas Kwoyelo for War Crimes in violation of Common Article 3 to the Geneva Conventions under the Geneva Conventions Act, 1964, Crimes Against Humanity under Customary International Law, and other grave offenses committed during the Lord’s Resistance Army (LRA) insurgency against the Government of Uganda.
Former LRA Commander Thomas Kwoyelo in court a few years back (Courtesy photo)
The international Crimes Division of the High Court has found Thomas Kwoyelo, alias Latoni, guilty on 44 charges of War Crimes, Crimes Against Humanity, and other serious offenses.
Kwoyelo was initially prosecuted for 93 charges, which included violations of international humanitarian law and customary international law, dating from 1987 to 2005. The charges encompassed the breach of Common Article 3 to the Geneva Conventions under the Geneva Conventions Act of 1964, including pillaging, cruel treatment, murder, outrages upon personal dignity, and violence to life. Kwoyelo was also charged with Crimes Against Humanity under Customary International Law, including murder, imprisonment, rape, enslavement, and torture. Additionally, there were alternative charges under the Penal Code Act, Cap 120, such as murder, kidnap with intent to murder, aggravated robbery, and attempted murder.
In December 2023, the court acquitted Kwoyelo of 14 charges and directed him to defend himself against the remaining 78 charges. Today, he has been found guilty of 44 charges. He was acquitted on 3 charges in addition to the previous 14, and 33 were discarded as alternative charges upon the substantive charges being upheld.
Specifically, Kwoyelo was convicted of:
War Crimes: 2 counts of pillaging, 4 counts of murder, 3 counts of cruel treatment, 6 counts of outrages upon personal dignity, and 2 counts of violence to life (cruel treatment and torture).
Crimes Against Humanity: 4 counts of murder, 1 count of imprisonment, 3 counts of other inhumane acts, 1 count of enslavement, 2 counts of rape, and 2 counts of torture.
Penal Code Violations: 14 counts of kidnap with intent to murder.
The court will reconvene to sentence Kwoyelo at a later date, to be announced.
This historic case was prosecuted by Deputy DPP George William Byansi, Assistant DPPs Charles Richard Kaamuli and Florence Akello Owinji, and Chief State Attorney Lillian Omara Alum.
The case was heard by a distinguished panel of three judges: Justice Michael Elubu (Head), Justice Stephen Mubiru, Justice Duncan Gaswaga, and an Alternate Judge, Justice Andrew Bashaija.
Kwoyelo was represented by Senior Counsels Dalton Opwonya, Caleb Alaka, Evans Ochieng, and Borris Geoffrey Anyuru.
The victims were represented by Lead Counsel Robert Mackay, Counsel Amooti Jane Magdalene and Henry Komakech Kilama.
This marks the first international crimes case to be prosecuted by the ODPP and adjudicated by the High Court’s International Crimes Division, setting a precedent for the prosecution of international crimes within Uganda’s national legal framework.
“We extend our gratitude to all stakeholders involved, including, the Judiciary, the Police, the Justice Law and Order Service, witnesses, Justice Rapid Response, ICC Uganda Office, British Council, Refugee Law Project, Advocates San Frontiers, Prof. Kim Thuy-Professor of Law from the U.S, leaders and members of the affected communities and others who contributed to the successful conclusion of this significant case.” Remarked Jacqueline Okui Spokesperson ODPP
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