By Mukembo Wilfred
In a historic ruling on Monday, the International Crimes Division (ICD) of the High Court ordered the Ugandan government to compensate victims of Lord’s Resistance Army (LRA) commander Thomas Kwoyelo with Sh10 million for each life lost during his reign of terror. The decision, marking a significant step in Uganda’s approach to justice for war crimes, held the government accountable for failing to protect civilians from the atrocities committed by Kwoyelo.
Kwoyelo, the first senior LRA commander to be tried in a Ugandan court, was convicted in August 2024 on 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 accounting for the 15 years already spent in remand at Luzira Maximum Prison.
In the court’s landmark decision, presiding Judge Michael Elubu ruled that the Ugandan government should pay Sh10 million for each death caused by Kwoyelo’s actions, Sh4 million for individuals who suffered bodily harm, Sh3.5 million for those who lost property such as homes and livestock, and Sh5 million for victims of sexual and gender-based crimes. The ruling also extended to 103 direct victims of Kwoyelo, but allowed other eligible individuals to file claims within one year.
The government’s legal representative, Johnson Atuhwera, expressed dissatisfaction with the decision, announcing plans to appeal. “We believe that the Court of Appeal will address this matter and provide a fair hearing,” Atuhwera argued, claiming the process of placing liability for compensation was flawed.
However, victims’ counsel Komakech Henry Kilama and defense lawyer Evans Ocheng dismissed the government’s appeal, calling it a delay tactic that would only prolong the suffering of victims waiting for compensation. “The Attorney General’s request is merely an attempt to delay the victims from benefiting from the compensation the court has ordered,” Kilama said.
The ruling is a groundbreaking development in Uganda’s legal landscape, as it marks the first time a national court has ordered reparations for war crimes and crimes against humanity. Previously, reparations for such crimes were only made by international courts like the ICTR, ICTY, ICC, and ICJ.
Juliet Hatanga Harty, the deputy registrar of the ICD, hailed the decision as a milestone for Uganda’s growing capacity to handle complex international crimes. “This ruling demonstrates Uganda’s commitment to justice and healing for victims, showcasing its ability to create homegrown mechanisms for accountability in cases of war crimes,” she said.
