Kony case: ICC lawyers want confirmation of charges done in Uganda

The International Criminal Court (ICC) plans to hold a confirmation of charges hearing against fugitive warlord Joseph Kony in Uganda, an official from the court suggested on Friday.

Ms Leonie van Braun, a senior trial lawyer in the office of the ICC prosecutor, said holding the hearing in Uganda would bring justice closer to the victims of a brutal 2-decade insurgency by the rebel Lord’s Resistance Army (LRA) leader Joseph Kony.

“It can only be better if I have a close contact to the community; have interactions with you as stakeholders and also hear from the victims themselves, get my own impression so that when I stand up in court and plead on your behalf, I say the right things in the right way within the law,” she said during a dialogue with stakeholders in the case in Lira City.

“I will be back –hopefully- next year for a hearing in Uganda because I feel very passionate about making that happen. I hope that for the first time in the history of the ICC, we will be able to bring the judges to the place where the crimes occurred,” she added.  

Last month, the Pre-Trial Chamber III of the Hague-based court issued a decision concluding that all the requirements to hold a confirmation of charges hearing in the absence of Kony are now met. The date for the hearing is not yet decided. 

The chamber composed of Judges Althea Violet Alexis-Windsor, Presiding Judge, Julia Antoanella Motoc and Haykel Ben Mahfoudh. These three judges found that Mr Kony is a person who “cannot be found” within the meaning of article 61(2) (b) of the ICC Rome Statute.

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.

“We have asked the judges for the opportunity to hold that hearing somewhere in Uganda. It could be Lira, Gulu, Kampala or Gulu. So, a decision has not been made on that yet,” said Mr Dahirou Sant-Anna, International Cooperation Advisor in the office of the ICC prosecutor.

“If the judges decide to go ahead then they may request the Registry to conduct a feasibility assessment to look into whether it’s possible or not – security-wise of course and logistics and other things. We hope that they would be supportive,” she added.

According to Sant Anna, Kony’s trial will commence immediately if ICC judges confirm cases against him.

Background

A warrant of arrest for Kony was issued by the ICC under seal on July 8, 2005, amended on September 27, 2005 and unsealed on October 13, 2005.

Kony is accused 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.