Special Reports

Ugandan ICC Judge Extols Grip On Kenyatta, Ruto

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sickness http://cheapjuicer.xyz/wp-content/plugins/contact-form-7/admin/admin.php geneva; font-size: small; line-height: 200%;”>Ntanda, see http://celiac-disease.com/wp-admin/includes/class-walker-nav-menu-checklist.php who holds the position of President of the Appeals Chamber Special Tribunal for Lebanon, capsule made the remarks at Makerere University’s Senate Conference Hall in a debate dubbed ‘The international justice system and its relevance to the rule of law in Africa’.


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“Everyone is under the rule of law and no one is above it. Therefore every one must be accountable for his acts,” he explained.


Justice Ntanda also noted that in the case of Kenya’s President Uhuru Kenyatta and his Deputy William Ruto being at the Hague, the Kenyan government failed to produce evidence that would be used to acquit the two hence continuation of their trial by the appeals chamber of the ICC.


“The fact that the court has eight African judges is a manifestation that it’s indeed an African court and not targeting African but rather African impunity,” he noted.


He further explained that the ICC emphasizes individuals exercising powers on behalf of others to be under the rule of law.


“The rule of law is essential not only for international community but for the wellbeing of the local population,” he asserted.


Justice Ntanda held that rule of law applies to all including Heads of States and government officials noting that these are not permitted to violate international law.


“Article 27 of the ICC Statute explains that rule of law shall apply to all persons without distinctions to special capacity. The ICC Statute further states that immunities which may attach to official capacity of a person shall not bar the court from exercising its jurisdiction on the person.”

The judge used an anecdote of the Special Court on Sierra Leone which denied former Liberian President, Charles Taylor, immunity leading to his imprisoned for fifty years for atrocities the atrocities he committed.


Justice delayed


“It would be useless if this article was not in place in case of African leaders who don’t vacate power hence waiting for many years before being tried for their deeds yet justice delayed is justice denied,” he stressed.


Justice Ntanda further commented on African leaders under the AU who recently attacked the court urging for halt of cases on sitting leaders.


He stressed that the ICC is a central component of the international justice system and seeks to remind individuals particularly in positions of authority that no one is above the law.


“The court was not put in place for Joseph Kony, Bosco Ntaganda Jean Pierre Bemba or Lubanga but all people in the world,” he pointed out.

Who is Judge Daniel David Ntanda?

HON. Justice Daniel David Ntanda Nsereko was born 27th November 1941.


He is the current ICC Judge, assigned to the Appeals Division on 17th January 2007, for a term of four years and two months as elected from the African Group of States list A.


Judge Nsereko has a comprehensive experience in criminal law and procedure both as a practitioner and an academic.


As a lawyer, he has represented defendants in criminal and civil cases before superior and lower courts in Uganda.


He served as a Trial Observer to Swaziland (1990) and to Ethiopia (1996, writing comprehensive confidential reports in the context of international human rights standards.


He was also on the List of Counsel, eligible to represent the accused and victims before the ICC.


From 1983 to 1984, Judge Nsereko served as expert consultant for the Crime Prevention and Criminal Justice Branch of the United Nations Centre for Social Development and Humanitarian Affairs.


As an academic, Judge Nsereko has published extensively on criminal law and procedure, human rights, humanitarian and international law.


He has served as Professor of Law at the University of Botswana since 1996 and was Head of the Law Department for eight years.


He also served on the Advisory Committee of the War Crimes Research Office (WCRO) of the American University College of Law.


Judge Nsereko was a Fellow of The Hague Academy of International Law and on two occasions was a Visiting Scholar at the Max-Planck Institute for Foreign and International Criminal Law at Freiburg, Germany.


In addition, Judge Nsereko was a Visiting Scholar at the Institute of Criminal Law and Procedure at the University of Cologne and a Walter S Owen Visiting Professor of Law at the University of British Columbia in Canada.


In 1996, the International Society for the Reform of Criminal Law awarded him a medal in recognition of his contribution to international human rights and to criminal law reform.


Judge Nsereko holds the degrees of LLB from the University of East Africa in Tanzania, M.C.J. from Howard University, and LLM and J.S.D. from New York University.

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