In a landmark ruling, the Supreme Court of Uganda has declared that the General Court Martial (GCM) lacks jurisdiction to try civilians, marking a significant victory for human rights advocates. The decision, delivered by Chief Justice Alfonse Owiny-Dollo, upholds a previous Constitutional Court ruling that deemed military trials of civilians unconstitutional.
The ruling comes in response to an appeal by the Attorney General, who challenged the Constitutional Court’s 2021 decision that nullified specific provisions of the Uganda People’s Defence Forces (UPDF) Act. These provisions had allowed the GCM to prosecute civilians under certain circumstances. Chief Justice Owiny-Dollo emphasized that “the General Court Martial is a military organ with limited jurisdiction,” and its functions should be confined to disciplinary matters.
Justices Elizabeth Musoke and Percy Night Tuhaise concurred, asserting that all criminal prosecutions should fall under the purview of the Director of Public Prosecutions (DPP). The court’s decision is expected to have far-reaching implications for Uganda’s judicial system and could lead to the release of several individuals previously tried in military courts, including prominent opposition figures.