Joseph Kony’s Confirmation of Charges Hearing to Be Scheduled Despite His Absence
The International Criminal Court’s Pre-Trial Chamber III has announced that the conditions are met to proceed with a confirmation of charges hearing against Joseph Kony in his absence. A new hearing date will be set soon.
The Pre-Trial Chamber III of the International Criminal Court (ICC or “Court”) has announced that the conditions to proceed with a confirmation of charges hearing in the absence of Joseph Kony have now been satisfied.
According to a press release issued on Tuesday, the hearing will take place on a date to be announced later.
The Chamber, consisting of Judges Althea Violet Alexis-Windsor (Presiding Judge), Iulia Antoanella Motoc, and Haykel Ben Mahfoudh, confirmed there is sufficient basis to hold the confirmation of charges hearing in absentia.
The Chamber concluded that Kony is a person who “cannot be found” within the meaning of Article 61 of the ICC Rome Statute.
Furthermore, it was stated that all reasonable efforts have been made to secure his appearance and to inform him of the charges, as well as the initially scheduled hearing date of October 15, 2024.
Regarding the notification requirement, the Chamber noted extensive media campaigns in Uganda and neighboring regions. The ICC Registry has engaged in outreach activities in the Acholi language (Kony’s native dialect) and collaborated with relevant stakeholders and communities in Northern Uganda.
The ICC Registry has also conducted dialogues with religious and cultural leaders, civil society groups, victim organizations, and local government leaders.
The press release notes that once a new hearing date is determined, the Registry will conduct notification and outreach activities similar to those previously undertaken, within 30 days of the new date.
The purpose of the confirmation of charges hearing is to determine if there is sufficient evidence to establish substantial grounds to believe that the suspect committed each of the alleged crimes.
Under the Rome Statute, the confirmation of charges proceedings at the Pre-Trial stage can occur in the absence of the suspect under specific conditions. If the charges are confirmed, the case may only proceed to trial if the accused is present before the Trial Chamber.
Background:
A warrant of arrest for Joseph Kony was initially issued under seal on July 8, 2005, amended on September 27, 2005, and made public on October 13, 2005. Kony is suspected of 12 counts of crimes against humanity (including murder, enslavement, sexual enslavement, rape, and inhumane acts causing serious bodily harm and suffering) and 21 counts of war crimes (including murder, cruel treatment of civilians, attacks on civilian populations, pillaging, inducing rape, and the forced enlistment of children), allegedly committed in 2003 and 2004 in Northern Uganda.
On September 12, 2024, Pre-Trial Chamber III postponed the commencement of the confirmation hearing in The Prosecutor v. Joseph Kony, originally scheduled for October 15, 2024, following observations from the Defence, Prosecution, and the Office of the Public Counsel for Victims.
