The International Criminal Court’s (ICC) appeals judges have given the green light for the tribunal’s first-ever in absentia confirmation of charges hearing, paving the way for proceedings against notorious Ugandan rebel leader Joseph Kony despite his absence.
The ICC, based in The Hague, has scheduled the hearing for September, where prosecutors will present evidence supporting charges of war crimes and crimes against humanity against Kony, whose whereabouts remain unknown.
Kony, the leader of the infamous Lord’s Resistance Army (LRA), faces dozens of serious allegations including murder, sexual enslavement, and rape.
While the ICC does not conduct full trials in absentia, it can proceed with a confirmation of charges hearing even if the accused is not in custody. Kony’s court-appointed defense team argued that continuing without him would violate his right to a fair trial.
However, Judge Erdenebalsuren Damdin stated the court has “adequately robust safeguards” in place to protect suspects’ rights during in absentia confirmation hearings.
The case is seen as a precedent for future ICC cases involving suspects not in custody, including high-profile figures such as Israeli Prime Minister Benjamin Netanyahu and Russian President Vladimir Putin. Yet, international criminal law expert Luigi Prosperi emphasized that Kony’s situation is “very peculiar” and the ruling applies mainly when a suspect has fled or cannot be found.
Kony first captured global attention in 2012 after a viral video detailing his crimes. Despite international efforts, he remains at large.
The LRA launched its violent campaign in Uganda in the 1980s, aiming to overthrow the government. After being expelled from Uganda, the militia terrorized communities across Congo, the Central African Republic, and South Sudan, becoming notorious for abducting children as soldiers, mutilating civilians, and enslaving women.
In 2021, the ICC convicted Dominic Ongwen, a former child soldier turned LRA commander, for multiple war crimes and crimes against humanity, including murder and forced marriages.
The upcoming confirmation of charges hearing against Kony marks a significant milestone in the ICC’s efforts to bring justice for victims of the LRA’s decades-long brutality.