ICC to confirm charges against Kony in his absence
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 purpose of the confirmation of charges hearing is to determine whether there is sufficient evidence to establish substantial grounds to believe that Kony committed each of the crimes charged.
The Pre-Trial Chamber III of the International Criminal Court (ICC) has issued a decision stating that all the requirements to hold the confirmation of charges hearing against Ugandan warlord Joseph Kony -in his absence- are now met.
According to statement on the court’s website, the hearing will be held at a date to be announced at a later stage.
“The Chamber, composed of Judges Althea Violet Alexis-Windsor, Presiding Judge, Iulia Antoanella Motoc and Haykel Ben Mahfoudh, found that (i) Mr Kony is a person who ‘cannot be found’ within the meaning of article 61(2)(b) of the ICC Rome Statute; (ii) 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 October 15, 2024, have been taken, and (iii) there is cause to hold the confirmation of charges hearing in absentia,” read in part the court’s October 29 media statement.
It adds: “As regards the requirement to notify Kony of the date of the hearing, the Chamber noted the large-scale media campaigns conducted both in Uganda and neighbouring countries, also in the Acholi language, the activities carried out by the ICC Registry in the field with relevant stakeholders and communities in Northern Uganda, and the Registry’s dialogue with, inter alia, religious and cultural leaders as well as civil society, victim groups and local government leaders.”
The court said once a new date for the confirmation of charges hearing has been set, the registry shall complete notification and outreach activities of the same nature, variety and range as the ones carried out in respect of the initial date for the confirmation of charges hearing, within 30 days.
The purpose of the confirmation of charges hearing is to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged.
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The Rome Statute allows for the confirmation of charges proceedings at the Pre-Trial stage in the absence of the suspect, under specific conditions. If the charges are confirmed, the case can only proceed to trial if the accused is present before the Trial Chamber.
Background
A warrant of arrest for Kony, the rebel leader of the Lord’s Resistance Army (LRA), was issued under seal on July 8, 2005, amended on September 27, 2005 and unsealed on October 13, 2005.
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).
He allegedly committed the crimes in 2003 and 2004 in northern Uganda, killing over 100,000 people killed and causing displacement of over 1.5 million people.
On September 12, 2024, the Pre-Trial Chamber III postponed the commencement of the confirmation hearing against Kony from October 15.
