Communication 431/12 – Thomas Kwoyelo v. Uganda 90. The State avers that the ICD is a special division of the High Court which was created in 2008 in furtherance of the Government’s obligations under the 2007 Juba Agreement on Accountability and Reconciliation. Further the ICD was aimed at meeting Uganda’s obligation to complement the work of the International Criminal Court [ICC] in prosecuting gross violations of human rights and grave breaches of the Geneva Conventions (war crimes).18 91. In response to allegations relating to the denial of amnesty, the Respondent states that whereas it did grant amnesty to various members of rebel groups in different parts of Uganda who renounced rebellion, the Complainant has not discharged his duty to show that the circumstances of their grant of amnesty were similar to the Victim’s own arrest and prosecution. 92. The Respondent is of the view that the Complainant has not adduced evidence that the said amnesty reporters from different rebel groups in Uganda (including women and formerly abducted child soldiers and persons) were suspected or accused of committing or had particular responsibility for gross human rights violations, war crimes, or international crimes. As per the State, there is no evidence that these reporters had been criminally charged with such crimes at the time of applying for amnesty. The Respondent opines that such facts cannot be assumed in the absence of witness evidence of their involvement in such crimes. 93. According to the Respondent State there was evidence of the Victim’s participation or responsibility for grave breaches of Geneva Conventions, for which he is being prosecuted. In respect to the grant of amnesty to former LRA high ranking Brigadiers Sam Kolo and Kenneth Banya, the Respondent states that the circumstances of their arrest were different from those prevailing at the time of the Victim’s arrest. Attached to the submissions of the Respondent are excerpt from the ICD website and the Agreement on Accountability and Reconciliation, and its Annexure. 18 22 62nd Ordinary Session, 25 April – 9 July 2018