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ICC boosts efforts to revive case against Kony
In this file photo taken on November 12, 2006, the leader of the Lord's Resistance Army (LRA), Joseph Kony answers journalists' questions at Ri-Kwamba in Southern Sudan following a meeting with UN humanitarian chief. PHOTO/AFP
What you need to know:
The court that was composed of Presiding Judge Rosario Salvatore Aitala, Judge Tomoko Akane and Judge Sergio Gerardo Ugalde Godínez, ordered the ICC prosecutor, if he wishes to continue with his request, to file a public “document containing the charges” within eight weeks from their decision issued out yesterday
The International Criminal Court Pre Trial Chamber has given a green light to the prosecution side, to bring before them charges against the leader of the Lord’s Resistance Army (LRA) to decide whether or not they can try him in absentia.
The court that was composed of Presiding Judge Rosario Salvatore Aitala, Judge Tomoko Akane and Judge Sergio Gerardo Ugalde Godínez, ordered the ICC prosecutor, if he wishes to continue with his request, to file a public “document containing the charges” within eight weeks from their decision issued out yesterday.
Likewise, the judges tasked the court’s registrar to submit within four weeks a plan indicating the outreach activities and notification efforts it would pursue to inform Mr Joseph Kony of the charges against him.
The Chamber will then evaluate whether “all reasonable steps to inform the suspect of the charges” were taken, which is a condition that must be fulfilled before the Chamber can decide whether it is warranted to hold a confirmation of charges hearing in the absence of the suspect.
The Chamber will therefore decide at a later stage whether a confirmation of charges hearing in the Kony case will be held in absentia.
This decision followed the Prosecution’s “Request to Hold a Hearing on the Confirmation of Charges against Joseph Kony in his Absence” filed on November 24, 2022 and subsequent submissions by parties and participants. Noting all the efforts made, by the court and the international community, to locate him, the Chamber considered Mr Kony as a “person who cannot be found”.
The legal framework required the Chamber to assess whether cause exists to proceed with a confirmation of charges hearing in absentia for Mr Kony.
The Chamber found that such cause potentially exist.
As part of its assessment, the court recalled that holding a confirmation hearing in absentia is exceptional.
The Chamber balanced the fair trial rights of the suspect, on the one hand, and the interests of justice on the other hand, including the gravity of the alleged crimes and alleged role of the suspect in their perpetration; the impact of the confirmation hearing on victims; and the prospect of the case further advancing should the charges be confirmed.
The Chamber also recalled that the Rome Statute does not allow proceedings in the suspect’s absence beyond the confirmation of charges hearing at the Pre-Trial Stage.
Should the charges be confirmed, the case cannot proceed to trial, because any trial requires Kony to be present before the court.
Background
The warrant of arrest for Kony was issued under seal on July 8, 2005, amended on September 27, 2005 and unsealed on October 13, 2005 for masterminding the two-decade war in northern Uganda that left over 100,000 people killed and millions of civilians displaced.
He is suspected of 12 counts of crimes against humanity (murder, enslavement, sexual enslavement, rape, inhumane acts of inflicting serious bodily injury and suffering) and 21 counts of war crimes (murder, cruel treatment of civilians, intentionally directing an attack against a civilian population, pillaging, inducing rape, and forced enlistment of children) allegedly committed in 2003 and 2004 in northern Uganda.
The ICC had jointly issued a warrant of arrest for Kony jointly with his deputy Vincent Otti, Raska Lukwiya and Okot Odhiambo, but proceedings against them were terminated due to their death.
It’s only Dominic Ongwen who has since undergone full trial and been found guilty.
He is currently serving 25 years in prison after he was found guilty for a total of 61 crimes comprising crimes against humanity and war crimes, committed in northern Uganda.
