Thread by @SherryKyama

In court this morning to listen to this decision!

Will @JudiciaryUG go the @IntlCrimCourt route or the @_AfricanUnion route? Will #Bashir ouster feature in the decision?

https://twitter.com/nickopiyo/status/1207178834912694273

@JudiciaryUG @IntlCrimCourt @_AfricanUnion This application filed by the Uganda Victims Foundation dates back to 2017 when #Bashir as then President of #Sudan and @IntlCrimCourt indictee visited Uganda.

ijmonitor.org/2017/12/uganda…

@JudiciaryUG @IntlCrimCourt @_AfricanUnion The decision will be delivered by Hon. Justice Dr Henry Peter Adonyo, the outgoing head of Uganda's International Crimes Division who has been re-assigned as head of @JudiciaryUG Commercial Division.

The new head of the ICD will be Hon. Mr. Justice David
Kutosi Wangutusi

@JudiciaryUG @IntlCrimCourt @_AfricanUnion The applicant is not in court but represented by counsel. Attorney General representative is also not in Court. Counsel for the applicant @nickopiyo however says they are ready to recieve the judgement #Bashir

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo Judge proceeds to read the ruling in presence of party in court since both parties recieved sufficient notice #Bashir

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo The applicant's prayers:
1. issue arrest warrant for #Bashir
2. Failure of Ugandan authorities to arrest Bashir was in breach of national and international legal obligations

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo #Bashir ICD judge referring to the affidavit filed by Chris Ongom, a human rights stalwart and Executive Director of Uganda Victims Foundation, the applicant organization

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo #Bashir affidavit in reply by Attorney General representative said, "motion has been overtaken by events, is mute and academic..."

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo #Bashir affidavit in reply by AG representative says, Uganda acted in line with @_AfricanUnion position
on immunities for sitting heads of state. He is no longer President, immunities no longer apply to him and there is no possibility of him visiting Uganda.

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo #Bashir @nickopiyo cited #Kenya #SouthAfrica court decisions on #Bashir to persuade @JudiciaryUG to do the same thing. The two were filed by @ICJKenya and @Follow_SALC

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo @ICJKenya @Follow_SALC #Bashir decision: judge quotes #SouthAfrica high court decision in case filed by @Follow_SALC.

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo @ICJKenya @Follow_SALC #Bashir decision: the most serious crimes must not go unpunished. We must put an end to impunity.

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo @ICJKenya @Follow_SALC #Bashir decision: judge quotes Article 89 of the Rome Statute on obligation of state parties to surrender suspects

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo @ICJKenya @Follow_SALC #Bashir decision: judge says that Uganda is a state party to the Rome Statute, domesticated the statute, reads the preamble of the ICC Act

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo @ICJKenya @Follow_SALC #Bashir decision: judge also quotes #Kenya decision in #Bashir case which was filed by @ICJKenya on obligations of state and non-state parties to arrest ICC suspects

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo @ICJKenya @Follow_SALC #Bashir decision: judge also reads out the objectives of Uganda's ICC Act , Article 287 of Uganda's constitution on the country's treaty obligations

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo @ICJKenya @Follow_SALC #Bashir decision: judge says the state of Uganda has an obligation to cooperate with the ICC whenever it is requested to do so by @IntlCrimCourt These are its Rome Statute obligations

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo @ICJKenya @Follow_SALC #Bashir decision: judge quotes Supreme Court #Kwoyelo decision on Uganda's duty to respect its international obligations. "A state cannot easily shun its obligations as and when it does so especially when it concerns mass crime violations. "

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo @ICJKenya @Follow_SALC #Bashir decision: judge says the fact that Uganda recieving #Bashir while aware of its obligations to arrest ought to have set in motion the process to surrender in line with the ICC Act

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo @ICJKenya @Follow_SALC #Bashir @JudiciaryUG decision: quotes the South African and Kenya #Bashir decisions that declared that the state had a duty to arrest #Bashir when he visited their respective countries

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo @ICJKenya @Follow_SALC #Bashir @JudiciaryUG decision: dismisses Attorney General argument that they were acting in line with the @_AfricanUnion position. Rome Statute and international obligations should be the only guiding factor!

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo @ICJKenya @Follow_SALC #Bashir @JudiciaryUG decision: quotes Security Council Resolution1593 which he argues supercedes @_AfricanUnion decisions directing its member states not to arrest #Bashir

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo @ICJKenya @Follow_SALC #Bashir @JudiciaryUG: arrest warrant against Bashir must be implemented, the court issues its own arrest warrant against #Bashir, Uganda under obligation to arrest #Bashir, its failure to arrest was in violation of its national and international obligations

@JudiciaryUG @IntlCrimCourt @_AfricanUnion @nickopiyo @ICJKenya @Follow_SALC #Bashir @JudiciaryUG issues its own arrest warrant against #Bashir Is this mute? You tell me!

@nickopiyo now meeting with the press to explain @JudiciaryUG #Bashir decision!

Congratulations to Uganda Victims Foundation and Uganda Transitional Justice actors and fellow African civil society @ICJKenya @Follow_SALC

Moot! Academic! Useless! Inconsequential!

Some of the sentiments I am hearing from colleagues who have followed this case since 2017 when it was filed

@JudiciaryUG is 2 years late