An Appraisal Of The Legal Duties Of Military Courts In The Uganda Criminal Justice System

Summary of the Report and Policy Recommendations The United Nations Human Rights Committee has emphasized that the right to a fair trial (which includes the right to an independent and impartial tribunal) applies in full to military courts as it does to the ordinary civilian courts. Based mainly on Uganda's military justice legal framework. this article critically examines the compliance of the country's military courts with the right to an independent and impartial tribunal. It is established that Uganda's military courts fall far short of meeting the essential objective conditions for guaranteeing the right to an independent and impartial tribunal. First, they do not have adequate safeguards to guarantee their institutional independence, especially from the military chain of command. Second. the judge advocates appointed to Uganda's military courts do not have adequate security of tenure. Third, the judge advocates and members of Uganda's military courts do not have financial security. To address these deficiencies, a number of recommendations shall be made, including establishing the office of an independent principal military judge to be in charge of appointing judge advocates to the different military courts; established office of director of military prosecutions in charge of prosecutions within the military should be left independent in execution of its duties
Background The importance that Uganda’s military justice system plays in the overall administration of justice in Uganda cannot be over-emphasized. Specifically, military courts as the major mechanism for the administration or military justice, play a very vital unique but highly controversial role in the administration or criminal justice with regard to persons subject to the country's military law. Although originally designed to try serving members of the armed forces for the commission or military offences.