Any system or tribunal that exercises judicial power in a democratic society must comply with certain minimum standards for the administration of justice. In international human rights law, these standards are embedded in the right to a fair trial which undoubtedly is the most important prerequisite for ensuring justice in the adjudication of cases. This thesis examines the extent to which Uganda's military justice system complies with the right to a fair trial. It questions the competence, independence and impartiality of Uganda's military tribunals and generally casts strong doubt on the country's current military justice system to administer fair justice according to the minimum international human rights standards. It is argued that despite attempts at reform, Uganda's military justice system is still largely stuck in its historical origins and falls far too short of complying with the country's international human rights obligations concerning the right to a fair trial. The thesis points out areas that require reform and provides recommendations which can help to make Uganda's military justice system compliant with the country's international human rights obligations concerning the right to a fair trial, in particular the right to a fair and public hearing by a competent, independent and impartial tribunal. Ensuring that the administration of military justice complies with the right to a fair trial is not only an international obligation which Uganda is obliged to fulfill, but could also help it to achieve effective and sustained military discipline - which is the main reason advanced for the existence of military justice as a separate system of administration of justice.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:605692 |
| Date | January 2011 |
| Creators | Naluwairo, Ronald |
| Publisher | SOAS, University of London |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Source | http://eprints.soas.ac.uk/18467/ |
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