Uganda Law Society’s Radical Stand Against Court Martial Trials for Civilians

Kampala, Uganda – January 30, 2025

The Uganda Law Society (ULS) has taken a firm stance against the continued trial of civilians in the General Court Martial, a move they describe as unconstitutional and a violation of human rights. While honoring the now indisposed Ladislaus Rwakafuuzi, a renowned human rights lawyer, a ULS member revealed that 169 civilians—not just prominent figures like Dr. Kizza Besigye and lawyer Eron Kiiza—have been subjected to military trials, raising concerns about judicial overreach.

The Radical New Bar (RNB), a pressure group within ULS advocating for judicial reforms, emphasized that the military tribunal should be reserved strictly for members of the armed forces, as per Uganda’s Constitution and international human rights standards.

Court Martial and Civilian Prosecutions

Uganda’s General Court Martial, established to try offenses under military law, has increasingly been used to prosecute civilians, particularly those accused of possessing firearms. ULS members argue that this practice violates Article 28(1) of the Ugandan Constitution, which guarantees every citizen a fair trial before a competent, independent, and impartial court. Indeed the constitutional court ruled that it is unconstitutional for civilians to be tried under the court martial jurisdiction in the watershed case of Michael Kabaziguruka v. Attorney General (Constitutional Petition 45 of 2016), where the Constitutional Court finally struck down the practice of trying civilians in military courts as unconstitutional.

“The Constitution does not place civilians under the jurisdiction of military courts. The continued prosecution of civilians in the Court Martial is not only illegal but a direct attack on the principles of justice,” said a ULS member during the event.

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Watch the video below capturing key moments from the discussion:

Ladislaus Rwakafuuzi: A Legacy of Human Rights Advocacy

The event also served as a tribute to Ladislaus Rwakafuuzi, one of Uganda’s most fearless human rights defenders, who is currently indisposed. Over the years, Rwakafuuzi has been instrumental in representing political detainees, journalists, and activists facing military trials. His legal battles against illegal detentions and unfair trials have shaped Uganda’s legal landscape.

“We honor Rwakafuuzi’s legacy, and in his spirit, we vow to push for the abolition of civilian trials in the military court,” the ULS member added.

What Next?

The Radical New Bar (RNB) has vowed to challenge the government on this issue, pushing for the judicial independence of Uganda’s courts. Legal experts suggest that filing a constitutional petition and advocating for parliamentary intervention could be the next steps.

With 169 civilians already dragged before the military court, human rights activists fear that Uganda’s justice system is slipping into militarization, with implications for political freedoms and civic space. With pressure mounted by Uganda law Society and human rights activists, the Supreme court was compelled to set a date of January 31, 2025 for it to pronounce itself on the 2021 Attorney General’s appeal of the constitutional court ruling that struck trial of civilians in the court martial.