In a decision delivered on Thursday, the Chamber ruled that the confirmation of charges hearing of Kony will be held on September 9, 2025, in light of its duty to ensure that sufficient time is provided to both the prosecution and the defence.
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Kony Joseph. Courtesy Photo
The Pre-Trial Chamber III of the
International Criminal Court (ICC) has scheduled September 9, 2025, as the date
for the commencement of the confirmation of charges hearing against fugitive
Lord’s Resistance Army (LRA) leader Joseph Kony.
The hearing will be held in the
absence of Joseph Kony and will be the first in absentia confirmation hearing
held at the ICC. This comes more than a
month after the chamber ruled that all the requirements to hold confirmation
of charges hearing in the absence of Kony had been met.
Initially, the chamber had scheduled
to commence the confirmation of charges hearing on October 15 but was
postponed.
In a decision delivered on Thursday,
the Chamber ruled that the confirmation of charges hearing of Kony will be held
on September 9, 2025, in light of its duty to ensure that sufficient time is
provided to both the prosecution and the defence.
According to the decision of the
chamber, the date set will enable the prosecution to properly implement the
instructions given in separate decisions regarding the disclosure of evidence
and the resubmission of the document containing the charges while the defence will adequately
prepare for the confirmation of charges hearing.
The Chamber in its decision also
directed the Registry to complete notification and outreach activities in
respect of the new date for the confirmation of charges hearing within 30 days.
Why in absentia hearing?
The Rome Statute allows for the
confirmation of charges proceedings at the Pre-Trial stage in the absence of
the suspect, under specific conditions.
In this case, the Chamber found
that Kony is a person who ‘cannot be found’ within the meaning of Article 61(2)(b)
of the ICC Rome Statute and all reasonable steps to secure his appearance and
to inform him of the charges and the date of the confirmation of charges
hearing, initially scheduled for 15 October 2024 and now set to commence on 9
September 2025, have been taken.
Kony remains the longest suspect
on the run wanted by the ICC and has eluded arrest since 2005 when an arrest
warrant was issued against him. He is suspected of committing 33 counts of crimes
comprising war crimes and crimes against humanity allegedly committed in 2003
and 2004 in Northern Uganda.
12 counts of crimes against humanity
comprise murder, enslavement, sexual enslavement, rape, and inhumane acts of
inflicting serious bodily injury and suffering while 21 counts of war crimes comprise
murder, cruel treatment of civilians, intentionally directing an attack against
a civilian population, pillaging, inducing rape, and forced enlistment of
children.
Trial lawyers in the Office of
the Prosecutor at the ICC are however pushing for the hearing of confirmation against
Kony to be held in Uganda. Last month, Leoni van Bruan, a senior Trial Lawyer in the
Office of the Prosecutor said the ICC was working closely with the Ugandan
government to ensure Kony is brought to book including advocating having his
in-absentia confirmation of charges hearing in the country.
Bureau Chief, West Acholi
