Browsing by Author "Okurut, E."

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    Accountability for Acts of Torture by Counter Terrorism Law Enforcement Officials in Uganda
    (University of Botswana Law Journal, 2017) Okurut, E.
    The problem of torture has been a serious challenge within Uganda’s police force and has persisted over the years regardless of a number of measures against the practice.1 The practice of torture has permeated the entire police force but has been more pronounced in the fight against terrorism by the Counter Terrorism Police Unit and its affiliated security agencies.2 The threat of crime such as terrorism in Uganda has had a number of implications on the safety and security of the country. In response to these threats, the Ugandan government has implemented a number of counterterrorism measures including enacting the Anti-Terrorism Act, and revamping law enforcement agencies to improve their capacity to effectively respond to and neutralize threats of terrorism.3 While these measures are essential for the maintenance of safety and security, some of them have had the effect of unlawfully limiting and eroding certain rights and freedoms including the protection against torture, inhuman and degrading treatment.4 One of the main concerns is that counterterrorism legislation in itself tends to be generally permissive, granting law enforcement wide discretion within the course of their duties with minimal accountability measures.5 It is therefore essential for the state to strike a balance between safeguarding national security and protecting the right against torture, inhuman and degrading treatment. This article recommends a number of changes including improving internal and external accountability measures in order to ensure that law enforcement does not engage in torture, a practice which is clearly against both international and Ugandan law.
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    The contentious relationship between Africa and the ICC
    (Journal of Law and Conflict Resolution, 2018) Okurut, E.; Among, H. C.
    The ICC was established in 2002 under the Rome Statute with significant support from African states which comprise thirty percent of the ICC’s total membership. After nearly two decades in operation, the ICC has issued a number of indictments to both sitting and ex-African leaders. The African Union has criticized these indictments citing that the Court seems to be overly concentrating its efforts on the African continent. African leaders have claimed that the ICC has ignored the atrocities committed by Western superpowers particularly in the various wars on terror around the world. Another notable concern is the absence of these major powers from the membership of the Rome Statute. In response for example, several African states including Chad, Uganda, South Africa and Malawi have defied the ICC’s requests to arrest and extradite Sudan’s Omar al-Bashir for prosecution. The latest of such defiance was Rwanda’s refusal to arrest al Bashir when he visited the country in March 2018. This article traced the origin of African dissent against the ICC and examined its implications on justice for victims, international law, as well as the future of the Court. This article examined some of the most prominent ICC investigations of African Heads of State and the criticisms against such action for example, state sovereignty and immunity of Heads of State. The article also analyzed the role of the ICC in creating accountability for atrocities in Africa. It concluded that although the ICC has its deficiencies, it remains a very important avenue for ensuring accountability and justice for serious crimes in Africa. This exercise was achieved by extensive review and analysis of international law instruments, national legislation, textbooks, academic articles as well as reports pertaining to the formation and operation of the ICC.