Thursday, September 26, 2019

Kampala High Court hears jurisdictional challenge

The Civil Division of the High Court of Uganda at Kampala is hearing a challenge to the general court-martial's jurisdiction over civilians who possess firearms, according to this New Vision account. Excerpt:
[Sam] Buchanan asserts that GCM, like other military courts, is an organ of the army and a Quasi-judicial body with limited jurisdiction intended to ensure operational efficiency and discipline of officers and militants of UPDF but not vested with jurisdiction to try criminal cases.
Global Military Justice Reform knows of no other country that predicates court-martial jurisdiction over civilians on weapon-possession. The African Charter of Human and Peoples' Rights has been interpreted to exclude all military court jurisdiction over civilians. Human rights jurisprudence in general strongly disfavors such jurisdiction.

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