In July 2019, the Wayamo Foundation hosted the fifth in the series of network meetings of Directors of Public Prosecutions (DPPs), Directors of Criminal Investigations (DCIs) and Deputy Attorneys–General of Kenya, Rwanda, Uganda, Tanzania, South Sudan, Djibouti, Somalia and Ethiopia. The event was designed to develop strategies to ensure effective investigation and prosecution of complex crimes, and intensify inter-agency collaboration at the regional level.

Dorcas Oduor, Secretary and Deputy Director of Public Prosecutions and Head of Economic International and Emerging Crimes at the Office of the Director of Public Prosecutions, Kenya, speaks to Wayamo Foundation’s Judie Kaberia on: improving cooperation to ensure effective investigation and prosecution of complex crimes and intensify inter-agency collaboration to deal with international and transnational organised crimes, the different challenges of prosecuting international crimes versus transnational organised crimes, the improving situation of women in senior prosecutorial positions, and what women can do to correct the gender imbalance.

Mahboub Maalim, Executive Secretary of the Intergovernmental Authority on Development (IGAD), talks to Wayamo’s Co-ordinator for East Africa, Judie Kaberia about the importance of institutional cooperation and information sharing in the East African region. According to Maalim, the newly established Network of Directors of Public Prosecutions (DPPs) and Directors of Criminal Investigations (DCIs) is a crucial step towards enhanced information sharing and cross-border collaboration.

Mike Chibita, the Director of Public Prosecutions of Uganda, speaks to Wayamo Foundation’s Judie Kaberia about the lessons learned from Uganda’s International Crimes Division. Chibita discusses the importance of regional networks in speeding up and facilitating judicial cooperation between countries and in a region with open borders. He also discusses trying rape as an international crime, the challenges facing Uganda’s International Crimes Division as seen in the cases of Thomas Kwoyelo and Dominic Ongwen, and the relationship between Uganda’s international crimes unit and the International Criminal Court in The Hague.

Sarah Kihika Kasande, Head of Office in Uganda for the International Center for Transitional Justice, speaks to Wayamo Foundation’s Judie Kaberia about the challenges facing African states when investigating and prosecuting international crimes locally. Kihika Kasande discusses witness protection, understaffing and the lack of political will to provide adequate resources. She says that it is “not enough to say victims are able to participate” in court cases. Victim participation requires legal representatives who have the resources to continuously update and consult with their clients.

The international justice symposium, organised by Wayamo on 27 February 2018, was opened with welcoming remarks by, among others, Luis Franceschi, Dean of Strathmore Law School, George Kinoti, Kenya’s Director of Criminal Investigations, and Githu Muigai, the country’s outgoing Attorney-General.

Fred Yiga, Assistant Inspector General of the Ugandan Police Force, and Director of Interpol (Uganda), addresses the challenge of effective collaboration across East African countries, stressing the importance of the harmonisation of prosecutions, laws, and punitive measures for transnational organised crimes. He spoke to the benefits that would accrue from effective prosecutions, including social, economic and political stability. He further noted that the solidification of collaborative effort across borders would pave the way for successful efforts at Afripol and other regional policing organisations.

Stella Ndirangu, Programme Manager at the Kenyan section of the International Commission of Jurists, speaks to Wayamo Foundation’s Judie Kaberia about domestic investigations and prosecution of International crimes in East Africa. Ndirangu discusses the importance of political will to the success of Rwanda’s efforts to prosecute international crimes, and the contrasting situation in Uganda’s International Crimes Division. She also discusses the political dimension of the tensions between the African Union, its member states and the International Criminal Court in The Hague.

Charles Adeogun-Phillips, Litigation Practitioner and Former lead International Prosecutor, ICTR, talks about the complex challenges that African prosecutions face.

Angela Mudukuti, an International criminal Justice lawyer with the Wayamo Foundation interviews Matevz Pezdirc, Coordinator, European Network for the investigation and prosecution of genocide, crimes against humanity and war crimes, Eurojust, The Hague on; effective methods for improving international networks of prosecutorial and investigative practice, the successes and challenges of the European Network, the benefits and best practices for sharing knowledge across networks, and steps to establish a network.

Gerard Niyungeko, a judge and a former President of the African Court on Human and Peoples’ Rights, speaks to Wayamo Foundation’s Judie Kaberia about how the immunity issue may hamper African Court on Human and People’s Rights.

Isaac Lenaola Justice of the Supreme Court of Kenya, and Principal Judge of the East African Court of Justice, discusses domestic challenges to the judiciary in the East African region, citing attacks on judicial independence and corruption as key factors and stressing the need for; integrity, adherence to codes of conduct, and for governing institutions to take their responsibility seriously. He notes that an African Court with criminal jurisdiction has major benefits including acceptability and being easier to manage.

Christine Alai, a Kenyan Lawyer and Head of Office, Physicians for Human Rights (Kenya) is responsible for the advancement of the Program on Sexual Violence in Conflict Zones in Kenya, and coordinates and leads forensic trainings to influence collaboration among medical, legal, and law enforcement personnel with the goal of enhancing prosecutions and accountability for sexual violence in Kenya. She discusses; strengthening investigations and prosecutions for sexual and gender based violence particularly as an international crime, improving forensic evidence gathering, and ensuring accountability for perpetrators with command responsibility for violations.

On 21 November 2017, the Wayamo Foundation hosted an International Symposium on the theme, “International Crimes, Domestic Justice – Accountability and Capacity Building in East Africa” in Kigali, Rwanda, where Jean-Bosco Mutangana was a participant.

Lawyer Betty Kaari Murungi, Senior Adviser on Transitional Justice to the Joint Monitoring and Evaluation Commission (JMEC), the body tasked with oversight for the implementation of the South Sudan peace process, and a member of the Africa Group for Justice and Accountability; discusses continental, regional and domestic responses to international crimes (genocide, war crimes and crimes against humanity) and crimes against vulnerable groups (women and children).

Justice Sonia Sotomayor, Associate Justice, US Supreme Court in conversation with Judge M. Margaret McKeown, United States Court of Appeals and Chair of the ABA ROLI Board

Nzau Musau, Senior reporter Standard newspaper Kenya

Akingbolahan Adeniran, Rule of Law Advisor to the Vice President of Nigeria, speaks to Wayamo Foundation’s Angela Mudukuti about the International Criminal Court’s decision to investigate Afghanistan and perceptions of anti-African bias by the Hague-based court. Adeniran argues that the prosecution is an important marker for the general population but that African leaders have always known that the ICC is not targeting African states as many African states have referred cases to the ICC themselves. He also discusses local challenges in prosecuting international crimes noting cross-agency efforts to investigate and prosecute crimes in Nigeria.

Interview with Aimée Comrie, Crime Prevention and Criminal Justice Officer, GLO.ACT, Human Trafficking and Migrant Smuggling Section, United Nations Office on Drugs & Crime, Vienna, Austria

Rahel Gershuni, UNODC Consultant and former National Anti-Trafficking Coordinator from Israel talks about the challenges investigators and prosecutors face in dealing with human trafficking cases, including: community stigmatisation; cultural norms and practices; clear legal definitions; and identification of the crime and victims. She highlights cases where human trafficking has been prosecuted as an international crime, emphasizing the centrality of coordination and education across the board as key pillars of a successful prosecution of human trafficking.

In this wide-ranging interview, Adewale Iyanda from the African Union Commission’s Office of the Legal Counsel explores the landscape of justice and accountability for mass atrocities in Africa. Iyanda discusses the relationship between the International Criminal Court and the African Union and African states, the trial and conviction of Hissène Habré at the Extraordinary African Chambers, the development and potential establishment of the Hybrid Court for South Sudan, as well as the Malabo Protocol which, if enacted, would expand the jurisdiction of the African Court for Human and Peoples’ Rights to include core international crimes. Iyanda eloquently reflects upon the challenges and opportunities facing this multitude of relationships and institutions.

Nicholas Koumjian, International Co-Prosecutor at the Extraordinary Chambers in the Courts of Cambodia, speaks with Wayamo Foundation Deputy Director Mark Kersten about trends in international criminal justice. Among other topics, Koumjian discusses the advantages and disadvantages of different tribunal types, obstacles and opportunities of pursuing national justice for international crimes, as well as the linkages between international and transnational organised crimes.

Renowned human rights lawyer Nicholas Opiyo discusses the current state of justice and accountability efforts and the rule of law in Uganda with the Wayamo Foundation’s Deputy Director Mark Kersten. Among other pressing issues, Opiyo sheds light on the ongoing trial of former Lord’s Resistance Army commander Thomas Kwoyelo, the impact of the International Criminal Court, what he sees as the prevalent pursuit of victor’s justice in Uganda, and ongoing violence in the country.

Commandant of the Ugandan Immigration Training Academy talks to Wayamo’s Senior International Criminal Justice Lawyer, Angela Mudukuti about the challenges of combatting human trafficking and the importance of meaningfully engaging with the victims in the struggle against human trafficking.

Candice Welsch – UN Office on Drugs and Crime