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International Criminal Law, Complementarity and Amnesty Within the Context of Transitional Justice: Lessons from Uganda

In: International Criminal Law Review
Author:
Tonny Raymond Kirabira Department of Law, Justice and Policing, Royal Docks School of Business and Law, University of East London, 1 Salway Road, London E15 1NF, UK

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Abstract

The article explores the domestic implementation of international criminal law and complementarity, when operating alongside parallel transitional justice approaches. International criminal justice in Uganda is best understood as part of the broader lens of transitional justice, in response to a two-decade war in the Northern part of the country. Besides a doctrinal analysis of the relevant legal regime and cases, the article benefits from the author’s personal insights working in Uganda and The Hague, the two sites of international justice that inform this article. Specifically, the International Crimes Division (icd) which is the specialised court dealing with war crimes and crimes against humanity and the International Criminal Court (icc). The article highlights critical paradoxes of the icd and trial of former rebel Thomas Kwoyelo, putting this domesticated International Criminal Justice regime in a dilemma, also suggesting pathways for reforms.

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