Tag Archives: acts

Rome Statute of the International Criminal Court (ICC)

The Rome Statute came into force on July 1, 2002 and Uganda is a signatory.

The States Parties to this Statute are “Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of these crimes”.

It is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes.

Article 5: Crimes within the jurisdiction of the Court

(a) The crime of genocide;

(b) Crimes against humanity;

(c) War crimes;

(d) The crime of aggression

Genocide (Article 6) any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

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The creation of Rukungiri Municipality has genocidal implications

The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the United Nations General Assembly on December 9, 1948 and came into force on January 12, 1951.

Article II of the Convention states that “In the present Convention, genocide means any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to the members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing means intended to prevent births within the group”, (Human rights. A

compilation of International Instruments, Volume I {Second Part} Unites Nations 2002)

The deliberate demarcation of the area that has been incorporated into Rukungiri Municipality targeted the ethnic group of Bairu people who form the largest group in the area. Their ancestors arrived in the area 3000 years ago. They were joined by Bahororo (Batutsi from Rwanda via the short-lived Mpororo kingdom) around 1800. The latter were militarily strong, crushed indigenous resistance and have dominated them politically, economically and socially since then against increasing resistance as Bairu begin to understand their human rights.

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