The International Criminal Court’s (ICC) Pre-Trial Chamber II has issued a significant decision regarding the case against Joseph Kony, the infamous leader of the Lord’s Resistance Army (LRA), indicted for crimes against humanity and war crimes allegedly committed in northern Uganda in 2003 and 2004.
In a decision made public today, the Chamber, led by Judge Rosario Salvatore Aitala, announced that a confirmation of charges hearing is scheduled to commence on October 15, 2024. This hearing, permitted under the Rome Statute, will proceed in the absence of Joseph Kony if he does not appear. The decision reflects the court’s commitment to expedite proceedings against suspects who cannot be located.
Monday’s decision comes a week after the same court granted reparations of more than $56 million to thousands of victims of Dominic Ongwen, a convicted commander in the Ugandan rebel group the Lord’s Resistance Army.
The Chamber had previously determined that Joseph Kony qualifies as a “person who cannot be found,” and after a targeted Outreach campaign by the ICC Registry, it concluded that all reasonable steps to inform Kony of the charges against him have been taken.
These steps include; large-scale media campaigns in both Acholi and English languages, not only in Uganda but also in neighboring countries. The campaign also engaged with various stakeholders, such as religious and cultural leaders, civil society actors, victims’ groups, local government leaders, and meetings attended by individuals close to the suspect.
In today’s decision, the Chamber instructed the ICC Registry to use its best efforts to inform Joseph Kony about the scheduled confirmation of charges hearing on October 15, 2024. Additionally, the process of selecting counsel to represent Kony’s rights and interests during the confirmation process and hearing will commence, anticipating that it may occur in his absence. The Court acknowledged the need for adequate time for the defense counsel to prepare given the scope of the Prosecution’s allegations and the potential voluminous amount of material likely to be disclosed in the case.
Joseph Kony’s Warrant of Arrest was issued in 2005, accusing him of 12 counts of crimes against humanity and 21 counts of war crimes. The crimes allegedly occurred in northern Uganda during 2003 and 2004. The proceedings against other individuals involved in the case were severed, and some were terminated due to their passing. The confirmation of charges hearing represents a crucial step in determining whether the case against Joseph Kony will proceed to trial before the International Criminal Court.
