NATIONAL JUDICIAL PRACTICE IN THE FIGHT AGAINST IMPUNITY FOR INTERNATIONAL CRIMES IN VIEW OF THE AMNESTY ACT OF UGANDA AS INTERPRETED IN THE CASE OF UGANDA V THOMAS KWOYELO

Abstract

The Amnesty Act of Uganda was enacted in 2000 to enable the armed personnel who were
fighting the Government of Uganda to seek for amnesty and denounce the armed rebellion.
This was aimed at restoring peace in regions were these armed conflicts had persisted
including northern Uganda. However, the Act permits issuance of amnesties without regard to
the nature of crimes committed by the applicants. Consequently, many perpetrators of
international crimes continue to benefit from amnesty which has inhibited the fight against
impunity for such crimes. The attempts by national courts to interpret the Act as permitting
investigations and prosecutions of international crimes may not enhance such proceedings
since the same courts upheld the constitutionality of the Act, yet in its current form, it shields
perpetrators of these crimes from prosecution. There is need for amendment of the Act to
expressly exclude perpetrators of international crimes from amnesty.