Elements of aggravation in ICC sentencing: victim centred perspectives

The article examines whether the ICC’s jurisprudence on sentencing subverts or adopts a victim-oriented justice and whether the Chambers’ discourses are consistent with the Rome Statute’s legislative history. It argues that this legislative history is an instructive reflection of the drafters’ goals regarding victims’ rights and justice. A doctrinal review of the court’s Preparatory Works and sentencing jurisprudence reveals a potential for a victim-oriented approach to justice. This article thus advances a theory of justice for victims during the court’s sentencing practice. Ultimately, it has implications for our understanding of substantive rights of victims, beyond the procedural notions of international criminal justice

NGO influence in global governance: achieving transitional justice in Uganda and beyond

This paper looks at the interface between non-governmental organisations (NGOs) and international criminal justice, within the broader context of transitional justice (TJ). The unique case of Northern Uganda is used as an example to illustrate the role of NGOs in global governance. Due to the growing demand for criminal accountability as a form of TJ, the paper makes a qualitative assessment of NGO relationships at domestic and global levels. It illustrates how NGOs contribute to the legitimisation of global norms and criminal accountability for international crimes. It reveals an organisational articulation of international criminal justice using victims’ rights discourses and interventions. It is shown that international NGOs assert a form of sociological legitimacy in support of the International Criminal Court. The paper concludes that there is still a compelling case to be made for the involvement of NGOs in global governance. The impact of this research serves to invite further reflection on the work of NGOs, uncovering their critical role in the domestic implementation of global norms within the context of TJ

Technology as a Key Tool for the Prosecution of International Crimes: Lessons from Uganda

This article uses the context of Uganda to examine the role of technology in the prosecution of international crimes. It uses the International Criminal Court(ICC)complementarity framework to analyse two cases- Dominic Ongwen and Thomas Kwoyelo, exploring a question - whether the use of technology enhances the ICC’s positive complementarity approach? The article draws substantially from the review of empirical literature, qualitative interviews and the author’s work experiences at the two sites of justice - Uganda and The Hague. The article reveals a practical overlap between the two sites of justice in the use of digital evidence and witness protection. It is argued that use of technology enhances the criminal trial procedures, victims’ rights and the legitimacy of the courts. It is equally argued that the use of technology has the potential to enhance the ICC’s complementarity approach. The article contributes to current debates about the role of technology in international criminal justice

Surrender of Ali Kushayb and Paul Gicheru: New Perspectives in Africa’s Relationship with the ICC

This article uses the case studies of Sudan and Kenya to offer insights on the Court’s legitimacy and demonstrate new perspectives on the ICC in Africa. In particular, the article links the discourse surrounding the surrenders to the ICC of Ali Muhammad Ali Abd-Al-Rahman (Ali Kushayb) of Sudan and Paul Gicheru of Kenya with the Court’s legitimacy in both countries. This article argues that both the issuance of indictments and the apprehension of suspects have the potential to enhance the Court’s legitimacy. On the other hand, its inability to apprehend indicted criminals can undermine its authority and legitimacy within affected communities

The role of NGOs in the domestic implementation of the African Union Transitional Justice Policy Framework: perspectives from Uganda

This article explores the role of non-governmental organisations (NGOs) in the domestic implementation of the African Union Transitional Justice Policy (AUTJP). It uses Uganda as a prism through which to examine the implementation of two key constitutive elements of the AUTJP: criminal prosecutions and traditional justice. Besides reflections based on the author’s experience in Uganda, the analysis rests on an extensive study and review of literature and qualitative interviews. The article argues that NGOs have the potential to sequence the constitutive TJ elements of the AUTJP, where there are competing narratives of peace versus justice. While local NGOs are pivotal in fostering local ownership of TJ, the findings reveal the critical role of NGO networks in the domestic implementation of TJ. The article concludes that there is a compelling case to be made for the continued involvement of NGOs in the domestic implementation of TJ

Uganda’s Post-War Transitional Justice Process: Have Housing, Land and Property Rights been Restored?

This article examines the existing post-war recovery framework of Uganda, in the light of Housing, Land and Property (HLP) rights’ concerns during the post-war recovery period. It explores the integration of special categories of victims, i.e., Internally Displaced Persons (IDPs) and Children Born of War (CBW), with a key focus on how HLP rights are integrated into – or left out of – the Transitional Justice (TJ) process. HLP rights fit within the broader pictures of customary practices and TJ, since they enable IDPs and CBW to integrate into the post-war communities. Our findings from the Uganda case study cast some doubt on the current process and aim to influence future interventions by emphasising that progress with securing HLP rights for those affected by war and violence is an integral part of any legitimate post-war recovery process and TJ interventions

The International Criminal Court and the Transformation of Post-War Justice in Northern Uganda

This article looks at the interface between the International Criminal Court and transitional justice processes in Northern Uganda. It takes a doctrinal approach, drawing on qualitative work in the fields of international criminal law, human rights, and political science. The Ugandan situation demonstrates that top-down transitional justice has both positive and negative dimensions. This article argues that, while the International Criminal Court has helped transform judicial aspects, it has also contributed towards the decline of traditional justice mechanisms. Overall, the article concludes that there is still a compelling case to be made for the involvement of international criminal tribunals in post-war contexts, but that it needs to be done in such a way that promotes good domestic processes and incorporates bottom-up perspectives

Dossier: the stateless Rohingya — practical consequences of expulsion

The international community has been called upon to ramp up efforts to end statelessness and provided with a guiding framework of 10 Actions. This dossier presents the practical consequences of expulsion, both direct and indirect outcomes of collective violence, directed towards the Rohingyas. Touching upon the nexus between children's rights, human trafficking, and practical challenges associated on-the-ground, the dossier also discusses the imperative need for the Association of Southeast Asian Nations (ASEAN) states—collectively as a region—to take steps in fulfilling Action 7 of the Global Action Plan through the birth registration of Rohingya children as part of their existing efforts in order to enhance the protection of refugee children