Tune in here for NTV Uganda's extended panel discussion of Attorney General v. Kabaziguruka.
Tuesday, February 4, 2025
Monday, February 3, 2025
Attorney General v. Kabaziguruka -- a first look at a landmark
Longtime Global Military Justice Reform contributor Major (R) Navdeep Singh and the Editor have written Ugandan Supreme Court’s Courageous Ruling on Military Justice--its relevance to Indian Subcontinental Law for Bar & Bench. We conclude:
The decision of the Supreme Court of Uganda is testament to the complementary roles of national and international actors in advancing human rights. It comes at a time when the Rule of Law is threatened in a host of countries, and also a time when national judiciaries have been called upon to make the right to a fair trial before an independent and impartial court a reality. Sometimes, as in Uganda, or last year’s O’Brien decision by the Constitutional Court of South Africa, the court itself may be an engine of reform.
At other times, as in last year’s Edwards case in the Supreme Court of Canada, the court may see its role as more limited and view Parliament as the proper venue for reform. Either way, though progress can be and is being made, one can only admire the contribution of the Ugandan Supreme Court to the cause of justice and more particularly to military justice reform.
The Kabaziguruka case is sure to spark many conversations. Comments here are welcome (real names only, please).
Sunday, February 2, 2025
"Military Law: A Brief Introduction"- A session organized by the Bar Council at the Punjab & Haryana High Court, India
The Bar Council, in conjunction with the Indian Law Institute had organized a session titled “Military Law: A Brief Introduction” on the basics of military law and military justice essentially for the younger members of the bar, followed by Q & A. The session was held at the High Court of Punjab & Haryana, Chandigarh, India. The speakers- Dr Shruti Bedi, Navdeep Singh and Rajeev Anand.
Saturday, February 1, 2025
Breaking news: Jacksonian defiance in Uganda
| "John Marshall has made his decision, now let him enforce it" |
Today's issue in Uganda is whether the military will comply with yesterday's Supreme Court ruling in Attorney General v. Kabaziguruka, [2025] UGSC 1 (31 January 2025). Judging by this article, the Defence Forces have other ideas. Excerpt:
The Uganda People's Defence Forces (UPDF) will not submit to the Supreme Court’s authority and will proceed with the trial of civilians in military courts.
In a defiant statement littered with all-caps, Colonel Chris Magezi, the public relations manager in the office of the Chief of Defence Forces, declared that the General Court Martial would continue trying Dr Kizza Besigye despite the highest court in the land ruling against military trials for civilians.
“The GENERAL COURT MARTIAL will continue to try ANYONE who conspires to MURDER THE PRESIDENT, commits ARMED REBELLION against Uganda, and engages in TERRORISM against the PEOPLE OF UGANDA,” Magezi said.
“Under NO CIRCUMSTANCES will Colonel Kizza Besigye be RELEASED until he faces the FULL EXTENT of MARTIAL LAW.”
The Kabaziguruka Case
Global Military Justice Reform has now obtained a complete set of the opinions (306 pp.) in Attorney General v. Kabaziguruka (Uganda Sup. Ct. Jsn. 31, 2025). They can be found here.
The spokesperson for the UN Office of the High Commissioner for Human Rights issued the following statement:
We welcome today’s decision by the Supreme Court of Uganda to declare unconstitutional the practice of trying civilians in military courts.
We urge the relevant authorities to comply promptly with the Supreme Court’s ruling and immediately transfer any such ongoing and pending trials which warrant further proceedings under international law to civilian courts of competent jurisdiction. Alternatively, proceedings should be quashed and any civilians detained under the authority of the military courts released.
In addition, the Uganda People’s Defense Forces Act (UPDF), under which civilians have been tried before court martials, should be further amended to align with relevant provisions of the Ugandan constitution and international human rights law, in order to ensure compliance with international standards of due process and fair trial.
NTV Uganda posted this video report on the Supreme Court's announcement of its ruling.