UNCERTAINTY ABOUT THE RELATIONSHIP BETWEEN THE SPECIAL DIVISION, TRADITIONAL MECHANISMS AND OTHER MECHANISMS Sample Clauses

UNCERTAINTY ABOUT THE RELATIONSHIP BETWEEN THE SPECIAL DIVISION, TRADITIONAL MECHANISMS AND OTHER MECHANISMS. Clause 9 states that the legislation establishing the special division may provide for “[t]he recognition of traditional and community justice processes in proceedings”. This provision leaves unclear whether such mechanisms would supplement or replace prosecutions in regularly constituted courts. As set out in section 3 below, although such mechanisms may play a supplementary role, they should not replace criminal proceedings before a competent, independent and impartial court affording all the guarantees of the right to fair trial in international law and standards.
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UNCERTAINTY ABOUT THE RELATIONSHIP BETWEEN THE SPECIAL DIVISION, TRADITIONAL MECHANISMS AND OTHER MECHANISMS. 41 See: Amnesty International, Uganda: First ever arrest warrants by the International Criminal Court – a first step towards addressing impunity (AFR 59 /008/2005) (“The ICC in addition to prosecuting the accused, has a major role to play in working together with the government of Uganda and other governments to ensure that national courts investigate and, where there is sufficient admissible evidence, prosecute all persons suspected of such crimes including members of Ugandan government forces and their civilian superiors.)”‌ Paragraph 6.3 of the Agreement states: “Legislation shall introduce a regime of alternative penalties and sanctions which shall apply, and replace existing penalties, with respect to serious crimes and human rights violations committed by non-state actors in the course of the conflict.” 43

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