Uganda v. Kwoyelo (alias Latoni)

In: International law reports, Band 167, S. 519-576

Abstract

519Relationship of international law and municipal law — Treaties — Crimes against international law — Amnesty — Legality and constitutionality of Amnesty Act — Constitution of Uganda — Uganda's international law obligations — Whether Uganda violating Uganda's obligations under international treaties ratified and implemented in domestic law — Geneva Conventions Act — Whether applicable — Whether Amnesty Act impinging on prosecutorial powers of Director of Public Prosecutions — Whether Amnesty Act granting blanket amnesty for all crimes — Whether uniform standards in respect of amnesty — Whether Amnesty Act inconsistent with Constitution of UgandaHuman rights — Discrimination and unequal treatment — Respondent charged with offences arising from alleged activities during rebellion in northern Uganda — Amnesty Act — Respondent renouncing rebellion and seeking amnesty — Respondent denied amnesty under Amnesty Act — Director of Public Prosecutions granting amnesty to others renouncing rebellion — Whether respondent victim of discrimination and unequal treatment under Amnesty Act — Whether respondent entitled to amnesty under Amnesty ActWar and armed conflict — Armed conflict — Distinction between international and non-international armed conflict — Non-international armed conflict — Rebellion in northern Uganda — Respondent charged with offences under Geneva Conventions Act — Amnesty Act — Constitutionality of Amnesty Act — Respondent renouncing rebellion and seeking amnesty — Whether right to amnesty — Whether Director of Public Prosecutions acting within his powers in prosecuting respondent for specific crimes under Geneva Conventions Act — War crimes and grave breaches of the Geneva Conventions — The law of Uganda