Domestic prosecution of international crimes: A case study of the Thomas Kwoyelo trial before Uganda’s international crimes division submitted

Abstract

The prosecution of international crimes in Africa reflects the principle of complementarity found in the Rome Statute of the International Criminal Court (Rome Statute). This principle empowers states parties to prosecute international crimes at the domestic level, without requiring the International Criminal Court (ICC) involvement. Uganda’s creation of the International Crimes Division (ICD) in the High Court in July 2008 reflects its readiness to apply the Rome Statute domestically and tackle atrocities arising from the conflict with the Lord’s Resistance Army (LRA). This study employed a qualitative desktop methodology, combining doctrinal legal analysis, case study examination and review of primary and secondary sources including statutes, case law, academic literature and institutional reports. The Thomas Kwoyelo case, the first to be prosecuted by the ICD, serves as the central case study to evaluate Uganda’s efforts in implementing international criminal justice standards at the domestic level. The findings reveal that while Uganda’s ICD demonstrates a proactive approach to accountability, its effectiveness is undermined by political interference, procedural delays and limited institutional capacity. The Kwoyelo trial highlights both opportunities such as victim participation and the domestication of international law and challenges, including inconsistencies in applying the Rome Statute, reliance on outdated legislation and tension between punitive justice and Uganda’s restorative traditions. The thesis concludes that Uganda’s experience provides the need for legislative reform, stronger institutional investment and enhanced regional cooperation to ensure fair and effective domestic prosecutions of international crimes in Africa.