The International Criminal Court (ICC) is exploring the possibility of holding the confirmation of charges hearing against rebel leader Joseph Kony in absentia in northern Uganda, with Gulu and Lira as potential venues.
Maria Kamara, the ICC’s outreach coordinator in Uganda, revealed that the proposal originated from the prosecution team. “The prosecutor’s office recommended that the hearing be conducted in Uganda, either in Gulu or Lira, and directed the registry to assess the physical suitability of courtrooms and the security conditions in these locations,” Ms. Kamara said over the weekend in Gulu District.
She emphasized that the ICC is currently evaluating logistical and financial implications to determine whether either location can host the hearing scheduled for September 9, 2025.
Additionally, Ms. Kamara noted that ICC judges instructed the court’s outreach program to enhance public awareness and ensure Kony is informed of the proceedings. "We have carried out awareness campaigns in countries like South Sudan and the Democratic Republic of Congo to inform Kony and others about the confirmation hearing date," she said.
The confirmation hearing, initially slated for October 15, 2024, was postponed to allow the prosecution and defense sufficient time to disclose evidence and prepare adequately.
The Rome Statute, which governs the ICC, permits confirmation of charges at the Pre-Trial stage even in the absence of the accused, provided certain conditions are met. In this case, the court declared that Kony, the leader of the Lord’s Resistance Army (LRA), meets the criteria of a suspect who “cannot be found,” as outlined in Article 61(2)(b) of the statute.
The hearing’s purpose is to determine whether there is enough evidence to establish substantial grounds to believe Kony committed each alleged crime. If the charges are confirmed, the trial can only proceed once Kony appears before the trial chamber.
The Pre-Trial Chamber III, tasked with overseeing the case, is presided over by Judges Althea Violet Alexis-Windsor, Iulia Antoanella Motoc, and Haykel Ben Mahfoudh.
Joseph Kony has been the subject of an ICC arrest warrant since 2005, which accuses him of 12 counts of crimes against humanity and 21 counts of war crimes. These include murder, enslavement, sexual enslavement, rape, cruel treatment of civilians, and the forced enlistment of children, allegedly committed between 2003 and 2004 in northern Uganda.
Kony’s leadership of the LRA triggered a decades-long insurgency that claimed over 100,000 lives and displaced more than 1.5 million people. The conflict forced many to live in internally displaced persons’ camps and devastated communities across northern Uganda.
If the charges are confirmed, this hearing marks a significant step in holding Kony accountable for his actions. The decision to hold the hearing in Uganda could also symbolize justice being brought closer to the affected communities, ensuring greater accessibility and transparency in the judicial process.
