Gulu City, (UG):- The International Crimes Division (ICD) of the High Court Monday ordered the Ugandan government to pay Sh10 million to each victim killed by Thomas Kwoyelo, the first senior commander of the Lord’s Resistance Army (LRA) to be tried in a Ugandan court.
In a landmark ruling on reparations for victims, the court found that the government of Uganda, under international law, failed to protect civilians from the atrocities committed by Kwoyelo and should therefore take full responsibility for compensating the 103 victims of the ICD Criminal Case No. 2 of 2010 against Kwoyelo.
“For each death, the government should pay Sh10 million, Sh4 million for each person who suffered bodily injuries, Sh3.5 million for each person who lost property including dwellings, livestock, or household goods and Sh5 million for each victim who suffered from sexual and gender-based crimes,” ruled the presiding High Court Judge Justice Michael Elubu.
The court also noted that besides the 103 victims, any other individuals who fall within the eligibility criteria may file their claims with the ICD registrar within one year from the ruling date.
However, Johnson Atuhwera, a senior state attorney representing the Attorney General, appealed the ruling, arguing that the legal process used to place liability for compensating the victims was problematic.
“We believe that the Court of Appeal will address this matter. It requires further interrogation by a higher court to ensure that the Attorney General is given a fair hearing,” Atuhwera stated.
In contrast, victims’ counsel Komakech Henry Kilama and defence counsel Evans Ocheng dismissed the Attorney General’s appeal as a tactic to delay the victims from receiving the compensation they were awarded.
“The Attorney General’s request is merely an attempt to delay the victims from benefiting from the compensation the court has ordered,” Kilama said.
Kwoyelo was convicted in August 2024 of 44 counts of war crimes and crimes against humanity, including murder, torture, rape, and kidnapping. He was sentenced to 40 years in prison but will serve 25 years after deducting the 15 years he had already spent in remand at Luzira Maximum Prison.
Meanwhile, the court stated that the Attorney General is free to file an appeal if they are dissatisfied with the ruling.
This decision sets a significant precedent, as it marks the first time a Ugandan court has ordered reparations for victims of war crimes and crimes against humanity. Previously, such reparations had only been addressed by international courts, including the ICTR, ICTY, ICC, and ICJ.
Juliet Hatanga Harry, the deputy registrar of the ICD, emphasized that the court’s decision highlights Uganda’s growing capacity to handle complex international crimes. It also reinforces the country’s commitment to providing justice and healing for victims, positioning Uganda as a leader in creating homegrown accountability mechanisms for war crimes.
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