The International Crimes Division of the High Court sitting in Gulu is expected to deliver its judgment today on war crimes and crimes against humanity charges against former Lord’s Resistance Army commander, Thomas Kwoyelo.
The case was heard by a panel of four justices led by Michael Elubu, Stephen Mubiru, Duncan Gaswaga, and Andrew Bashaija.
In December 2023, the ICD Court upheld 78 of the 93 charges stemming from the 20-year insurgency in Northern Uganda led by LRA rebel leader Joseph Kony against the Government of Uganda from 1992 to 2005.
According to the indictment, Kwoyelo is accused of violating the Fourth Geneva Convention under the Geneva Convention Act, 1964, by committing atrocities including willful killing, hostage-taking, widespread destruction of property, causing serious bodily injury, and inhumane treatment.
He is further accused of crimes against humanity under customary international law including; murder, rape, cruel treatment, outrages upon personal dignity, enslavement, torture, pillaging, and additional charges of murder, kidnap with intent to murder, aggravated robbery, attempted murder, and offenses under the Penal Code Act, Cap 120.
The prosecution alleges that Kwoyelo committed these crimes between 1994 and 2005 in Pabbo and Lamogi sub-counties in Amuru district.
In March 2024, International Criminal Court judges Rosario Salvatore Aitala, Tomoko Akane, and Sergio Gerardo Ugalde Godinez ruled that Ugandan rebel Joseph Kony’s confirmation of war crimes would proceed in absentia on October 15, 2024, after efforts to locate him failed.
This decision follows the prosecution’s determination that Kony qualifies as a person who cannot be found under Article 61(2)(b) of the Rome Statute and that circumstances warrant a confirmation hearing in his absence.
