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British lawyer hired to represent elusive LRA leader Kony at ICC

This undated file photo shows LRA leader Joseph Kony looking on surronded by his soldiers

What you need to know:

  • Mr Haynes is a member of the List of Counsel before the ICC. He led cases before the International Criminal Tribunal for the former Yugoslavia, the ICC, and the Special Tribunal for Lebanon.
  • At the ICC, Mr Haynes represented Jean-Pierre Bemba Gombo.
  • The chief prosecutor said that was the first time the office of the chief ICC prosecutor made such a request to the court to prosecute a suspected warlord in his/ her absentia.

A British national has been hired by the International Criminal Court (ICC) as the defense lawyer for the elusive rebel leader of the Lord’s Resistance Army (LRA), Joseph Kony.
Mr Peter Haynes will now represent Kony on October 15 this year when his case comes up for commencement of confirmation charges hearing in The Hague, Netherlands.

The elusive Kony faces upto 33 counts of war crimes and crimes against humanity that he allegedly committed when he waged a 20-year civil war against the current regime, leaving over 100,000 killed and 1.5 million displaced in northern Uganda.
“The panel agreed that the suitable candidates to represent the interests of Mr Kony during in absentia confirmation proceedings would be the candidates with the highest scores, namely Mr Peter Haynes,” reads in part the ICC registry report on the selection of counsel.

Adding: “Based on the foregoing, the registry recommends to appoint Mr Peter Haynes as counsel for Mr Kony in the present proceedings.”
Early last month, ICC put out an advert, calling for suitable persons to be hired as the defense lawyer for the rebel leader.

The court registry in its advert reasoned that all their suspects including Kony, are presumed innocent until proven guilty and therefore, entitled to a defense lawyer if they don’t have any.

“All ICC suspects, including Mr Kony, are presumed innocent until proven guilty, and they are entitled to legal representation when appearing before the Court. Because the ICC has not received any valid power of attorney from counsel claiming to represent Mr Kony and given that Mr Kony is considered to be a person who cannot be found, the judges of Pre-Trial Chamber II will appoint a counsel to act on Mr Kony’s behalf,” read in part the ICC’s advert in search of a lawyer to represent Kony.
Adding: “Lawyers interested in being appointed as counsel for Mr Kony should submit an expression of interest by 16 May 2024 at 17.30 Central European time latest.”

Mr Haynes is a member of the List of Counsel before the ICC. He led cases before the International Criminal Tribunal for the former Yugoslavia, the ICC, and the Special Tribunal for Lebanon.
At the ICC, Mr Haynes represented Jean-Pierre Bemba Gombo.
He was also the president of the ICC Bar Association.
Background
On November 24, 2022, the ICC chief prosecutor requested the court to hold a hearing on confirmation of charges against Kony in his absence since he has been elusive to the court for long.
The chief prosecutor said that was the first time the office of the chief ICC prosecutor made such a request to the court to prosecute a suspected warlord in his/ her absentia.

On 4 March 2024, Pre-Trial Chamber II issued a decision on the prosecutor’s request to hold confirmation of charges hearing in the case against Kony in his absence, should he not appear by October 15.
The investigation into the situation in Uganda was opened in 2004.
This saw an arrest warrant against Kony, the founder and leader of the LRA issued in 2005 for 33 counts of war crimes and crimes against humanity.

The allegations against him include murder, cruel treatment, enslavement, rape, and attacks against civilian population.  
However, the arrest warrant remains unexecuted to this day after Kony eluded arrest, for more than 19 years.
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