Frank Mujabi/ Moses Nekyon/Edward P'Ojim--
We are watching this case playing out in the UK High Court withgreat interest. Michael Mansfield yesterday made one of the greatest legal presentations in the entire history pf English common law, when he made a 5 hour non stop presentation to the court, He is seeking to set a precendent on the following:
1.That the crime of AGGRESSION has long been assimilated into English Common law as a WAR CIME since the Nuremberg War Crimes trials after the second world war
2. That Tony Blair does not enjoy any immunity from prosecution as a former head of state, as the crime of AGGRESSION is one of the few in the category of crimes in International law for which no immunity is available; the others being Genocide, War Crimes, and Crimes Against Humanity.
If you recall, the UK Supreme Court ( as House Of Lords) also set the precedent in Immunity Cases in the 2001 General Pinochet case in a judgement that shook the entire entire legal world and is now applicable across the commonwealth and common law jurisdictions. In this case, the court ruled some category of crimes are just so reprehensible and offensive to the human conscience that no immunity from prosecution can be possible; these crimes include genocide, war crimes and crimes against humanity. The court ruled no head of state can have immunity from prosecution, since, it reasoned, carrying out crimes such as genocide can never be a legitimate function of any head of state, The court went ahead to grant universality of jurisdiction, saying any competent court in the world can try any of these offences even if they were not committed within its jurisdiction or even if the perpetrators were not its own nationals.
Depending on the outcome of this case, it means I can reopen my own case against kayibanda Museveni, which has been kicked into the long grass for the past 11 years. I am going to drag Kayibanda to the Tanzanian courts once again in a private prosecution for the kidnap, abduction, rape and murder of Hope Kwaheru in Dar Es Salam in 1976, and I will also commence a private prosecution of kayibanda here in the UK courts in the same manner that Tony Blair is being prosecuted.
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