{UAH} Violation of International Humanitarian Law in Uganda

There are reports from credible sources alleging that International Humanitarian Law which is also known as the law of war, or the law of armed conflict has been violated in Uganda. Those responsible especially those harboring ideas of occupying public offices need to be cleared of criminal wrong doing.

This Saturday, we shall discuss on Radio Munansi General Sejusa's one year anniversary in London using inter alia an article written by Dr Helen Epstein and other materials including International Humanitarian Law. The public has requested we discuss this topic. Ms. Monique Wyatt will join me.

I suggest that those who have not read the article titled : Uganda: The General Challenges the President by Helen Epstein which is in The New York Review of Books of April 24, 2014 should do so to facilitate effective participation in the program.

Since matters of international humanitarian law including the Geneva Conventions have been raised, I have prepared a short note on the relevant parts of the Geneva Conventions and Additional Protocols as well as International Criminal Court (ICC) for easy reference.

We look forward to your joining us on Radio Munansi on wwww.radiomunansi.com. The number to call is 818 534 8273. The program starts every Saturday and Sunday at 11:00 am New York time which is 5 pm European time and 6pm Uganda time.

International Humanitarian Law

It sets rules that seek to limit the effects of armed conflict and covers two areas:

1.     It protects persons who are not participating in hostilities such as civilians, medical and religious military personnel or who have ceased to take part in the fighting such as wounded, shipwrecked and sick combatants and prisoners of war.

2.     It imposes restrictions on the means of warfare, in particular weapons, and the methods of warfare.

Four Geneva Conventions of August 12, 1949.

1.     Convention I relates to the Amelioration of the Conditions of the Wounded and Sick in the Armed Forces in the field;

2.     Convention II relates to the Amelioration of the conditions of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea;

3.     Convention III relates to Treatment of Prisoners of War;

4.     Convention IV relates to the Protection of Civilian Persons in Time of War.

Two additional Protocols to the Geneva Convention of August 12, 1949 were adopted in 1977:

1.     Protocol I relates to the Protection of Victims of International armed conflicts;

2.     Protocol II relates to Victims of Non-International Conflicts;

These conventions and protocols constitute the instruments of international humanitarian law. There are other international treaties such as The Convention for the Protection of Cultural Property in the Event of Armed Conflicts (1954). The full list is contained in UNESCO's Guide to Human Rights (2003).

The International Committee of the Red Cross (ICRC) is the depository of the four Geneva Conventions and the two additional protocols.

Translation and dissemination of International Humanitarian Law Treaties

States are required to take legal and practical steps in peacetime and in conflict to ensure full compliance with international humanitarian law. This includes translation of international humanitarian law treaties and their dissemination especially among military personnel but also among civilian population and the prevention and punishment of war crimes through enacting penal legislation.

International Criminal Court (ICC)

The ICC was established by the Rome Statute of the International Criminal Court in 2002 and ratified by in 2003. It has 128 Articles.

Jurisdiction of ICC

According to Article 5 of the Statute four categories of crimes fall under the jurisdiction of the ICC:

1.      Genocide;

2.     Crime against humanity;

3.     War crimes;

4.     The crime of aggression.

The jurisdiction of the ICC extends to both international and internal conflicts that concern the international community as a whole.

Initiation of cases

Cases can be initiated by the Prosecutor upon recommendations from states, UN Security Council, an individual or NGO. The information must be based on credible sources.

Individual criminal responsibility

Article 25 (2) states: A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.

Article 25 (3) states: A person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:

(a)  Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;

(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;

(c)  For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;

(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose.

Responsibility of commanders and other superiors

Article 28 (a) states a military commander or a person effectively acting as a military commander shall be criminally responsible for crimes within the jurisdiction of the Court committed by forces under his or her effective command and control or effective authority and control as the case may be, as a result of his or her failure to exercise control properly over such forces, where:

(i)                That military commander or person either knew or owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes; and

(ii)              That military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities  for investigation and prosecution

(b) With respect to superior and subordinate relationship not described in paragraph (a), a superior shall be criminally responsible for crimes within the jurisdiction of the Court committed by subordinates under his or her effective authority and control, as a result of his or her failure to exercise control properly over such subordinates, where:

(i) The superior either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes;

(ii) The crimes concerned activities that were within the effective responsibility and control of the superior; and

(iii)The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

 

Eric Kashambuzi is international consultant in development issues. He resides in New York, USA