Browsing by Author "Muwanguzi, Robert Mugagga"

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    Examining the use of transitional justice mechanisms to redress gross violations of human rights and international crimes in the northern Uganda conflict
    (University of the Western Cape, 2017) Muwanguzi, Robert Mugagga; Fernandez, Lovell
    Uganda and her citizens have endured a troubled, violent, conflict-prone history since independence from the British on 9th October 1962. Conflict in Uganda, just like in many an African country, has its primary root causes in the colonial legacy which sowed a fertile ground for several other secondary causes of present day subsisting conflicts. During Uganda's various military conflicts millions have had their human rights and civil liberties violated with impunity. At the end of each conflict and / or crisis, Uganda has had to grapple with the challenge of finding a lasting solution amidst the significant losses made by the country, many ethnic groups and her citizens. No long term viable and efficient solution or mechanism has been introduced or instituted to forestall future conflicts. What appears to have been introduced or instituted are stopgap measures. Since President Yoweri Museveni took over power on 26 January 1986, a military conflict has been raging in northern Uganda and the surrounding areas spanning eastern Uganda, South Sudan, the Democratic Republic of Congo (hereafter: 'DRC'), the Sudan and the Central African Republic (hereafter: 'CAR'). In this decades-old conflict, the war has primarily pitted the Lord's Resistance Army (hereafter: 'LRA') against the Uganda Peoples Defence Forces (hereafter: 'UPDF'). Like many conflicts, the more than twenty-year-old contestation has resulted in the gross violations of human rights of millions of people situated across five African states. The human rights violations, which have resulted in the commission of international crimes have been perpetrated and perpetuated with impunity by both warring parties (LRA and UPDF). Although initially an internal conflict, the conflict in northern Uganda has catapulted itself into an international conflict based on the parties involved, the interest generated, the crimes committed and the areas and people affected by it.
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    The historical path of the crime of aggression and the first ICC review conference
    (University of the Western Cape., 2011) Muwanguzi, Robert Mugagga; Werle, Gerhard
    Objective of the study – The primary goal of this research study was to investigate and document the evolution and historical development of the crime of aggression. Design / methodology / approach – The research study was primarily a desk-top based research by design and methodology. It reviews a range of published books, expert commentaries, and journal articles that provide theoretical and practical research on the evolution and development of crime of aggression through the past centuries to the present day. The discussion is majorly premised around key historical debates and events that shaped, and defined the rubric of the crime of aggression. These include: the philosophers' conceptualisation of the doctrine of "just war" or "unjust war", states' practice before and after the First World War and Second World War, the International Military Tribunals, the birth and role of the United Nations, the 1998 Rome Conference and the 2010 Kampala ICC Review Conference. Findings – This study provides information on each author's perspective on the status of the crime of aggression before and after the First ICC Review Conference. The study generally concedes that although today the crime of aggression is defined under the Rome Statute, and the jurisdiction of the ICC over it spelt out; its status under the treaty regime remains distinctly different from that under international customary law. Significance of the study – The significance of this research study lies in the fact that it is useful with regard to documenting the historical development of the crime of aggression. It also fulfils an identified need to clarify the position of the crime of aggression after the landmark First ICC Review Conference that took place in Kampala during May / June 2010. Study type – Postgraduate university Master of Laws research paper.