Uganda Victims Foundation v Attorney General & Anor

The application arose from two arrest warrants issued against Mr. Omar Ahmad Hassan Al-Bashir by the Pre-Trial Chambers of the International Criminal Court (ICC), based in The Hague, Netherlands. The Applicant was aggrieved by inaction of the Republic of Uganda, in its international obligation being a State Party to the Rome Statute, to effect the two arrest warrants during two visits by Mr. Al-Bashir to Uganda.

In the ruling of Hon. Dr. Justice Henry Peter Adonyo, delivered on December 19, 2019, the International Crimes Division (ICD) of the High Court held that the State of Uganda failed in its obligation to the international community when it failed to arrest Mr. Omar Al-Bashir when he set foot within the terriroty of Uganda, which failure is condemnable.  

Court further issued the following five orders:

1. The Arrest Warrants issued by the International Criminal Court (ICC) against Mr. Omar Hassan Ahmad Al-Bashir must be implemented by the State of Uganda through the clear processes laid down in the Rome Statute as domesticated by the ICC Act 11 of Laws of Uganda, 2010.
2. For avoidance of any doubt, the court issued its own local arrest warrant against Mr. Omar Al-Bashir whenever he sets foot within the territory of or under the control of the Republic of Uganda.
3. The State of Uganda was further ordered to effect the warrants of arrests when and whenever the said Mr. Omar Al-Bashir sets foot within the territory of or under the control of the Republic of Uganda.
4. A declaration that the failure and or refusal by the Attorney General and Minister of Justice to take steps to arrest and surrender to the ICC Mr. Bashir on occassion of his visits to Uganda on May 12, 2016 and November 13 - 16, 2017 was inconsistent with and in violation of Sections 2(a)(b) and (c), 17(2) of the ICC Act, Article 89(1)(a) of the Rome Statute and breached the United Nations Security Council Resolution 1593 of 2005.
5. The State of Uganda was further ordered to pay costs of the application.