Pre-Trial Chamber II of the International Criminal Court (ICC), last Thursday, gave the green light to the prosecution to proceed with a confirmation of charges hearing in the absence of Joseph Kony. Kony is a fugitive Ugandan militant who is known to have founded the Lord’s Resistance Army (LRA).
The ICC prosecution filed for a confirmation of charges hearing against Kony on November 24, 2022. According to the prosecution, Kony’s whereabouts remain unknown, justifying the need to proceed with the hearing in his absence. One principal reason is to inform the public about the proceedings against Kony, additionally granting the victims the opportunity to express their views and concerns.
Kony had an arrest warrant issued against him in 2005. As per the warrant, the LRA is said to have carried out an insurgency against the Ugandan government, with directed attacks against innocent civilian populations. To achieve its goals, the LRA resorted to violence and brutalized civilians through acts of murder, abduction, sexual enslavement, and mutilation. Given that Kony is the founder and leader of the LRA, he was subsequently charged with 33 counts of war crimes and crimes against humanity. However, the execution of his arrest warrant has since been unsuccessful, and Kony remains as a fugitive.
In line with article 61.2(b) of the Rome Statute:
“The Pre-Trial Chamber may, upon request of the Prosecutor or on its own motion, hold a hearing in the absence of the person charged to confirm the charges on which the Prosecutor intends to seek trial when the person has: Fled or cannot be found and all reasonable steps have been taken to secure his or her appearance before the Court and to inform the person of the charges and that a hearing to confirm those charges will be held.”
The chamber subsequently ordered the ICC registrar to submit a plan illustrating the outreach activities and notification efforts aimed at informing Kony. The chamber will then determine if the proposed hearing adheres to the legislation stipulated by the Rome Statute.
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