Communication 431/12 – Thomas Kwoyelo v. Uganda 97. Thirdly, the Respondent argues that in 2010 Uganda enacted the International Criminal Court Act (ICC Act), whose purpose was, among others, to give the 2002 Rome Statute of the International Criminal Court (the Rome Statute) force of law, to implement Uganda’s obligations under the Rome Statute, to make further provisions in Uganda’s law for the punishment of international crimes of genocide, crimes against humanity and war crimes, and to enable Ugandan courts to try, convict and sentence persons who commit such crimes.22 98. For the foregoing reasons, the Respondent avers that the Victim’s circumstances were materially different from those of similarly high ranking officers like Brigadiers Kenneth Banya and Sam Kolo who were captured in 2004 and 2005 respectively.23 99. The Respondent further submits that under the Amnesty Act, amnesty certificates are not issued by the DPP but by the Amnesty Commission.24 In addition, after the Amnesty Commission sought for clearance from the DPP on whether the Victim was eligible to receive amnesty, the DPP advised that the Complainant was charged with grave breaches of the Geneva Conventions of 1949, which constituted International Crimes for which Amnesty cannot be granted.25 The Respondent further avers that the DPP is constitutionally mandated to control investigations and prosecutions and in the exercise of his functions, he or she is not subject to the direction or control of any person or authority. The DPP enjoys unfettered discretion in the exercise of his or her powers and functions.26 The International Criminal Court Act, 2010 attached as Annexture to the submissions of the Respindent. 23 Affidavit of Kwoyelo in Constitutional Court Reference No. 36 of 2011 attached as Annexture to the submissions of the Respindent. 24 A copy of the Amnesty Act attached to submission. 25 A copy of DPP’s letter attached to submission. 26 Excerpt of Article 120 of the Constitution attached to submission. 22 24 62nd Ordinary Session, 25 April – 9 July 2018