Pre-Trial Chamber II of the International Criminal Court (ICC) announced this week that a hearing on charges against Joseph Kony, a fugitive Ugandan rebel and founder of the Lord’s Resistance Army (LRA), would proceed in his absence in October 2024. The ICC outlined that this hearing would allow prosecutors to present their case in court, with a defense lawyer representing Kony should he not appear.
Confirmation of these charges would only allow the case to go to trial if Kony is present before the Trial Chamber. Prosecutors have conducted several large-scale outreach efforts, including media campaigns in Uganda and neighboring countries, trying to inform Kony of the charges against him. Engagement with relevant stakeholders and local communities are also part of these ongoing efforts.
The ICC filed a request for confirmation of charges hearing against Kony in November 2022, diverging from its general stance on trials conducted in the absence of the accused. While these types of proceedings are typically not permitted, Article 61 of the Rome Statute provides for such hearings, given all reasonable efforts have been made to ensure the suspect’s appearance.
In a previous ruling in November 2023, the court ruled that Kony could be categorized as a person who could not be located and hence, there were reasons to carry on the proceedings in his absence. This would also provide the victims with an opportunity to express their views and concerns.
Trying to locate and apprehend Kony contributed to an arrest warrant issued by the ICC in July 2005, announced publicly later that year. Kony’s evasion of the court has continued for nearly 19 years, despite significant efforts by authorities, international organizations, and civil society. The ICC has charged Kony with committing multiple major crimes, including murder, enslavement, and rape, particular emphasis has been placed on accusations of kidnapping children to be utilized as child soldiers or sexual slaves.