Why ICC scheduled Kony’s confirmation of charges hearing in 2025
Gulu, Uganda | THE INDEPENDENT | The Pre-Trial Chamber III of the International Criminal Court (ICC) has scheduled September 9, 2025, as the date for the commencement of the confirmation of charges hearing against fugitive Lord’s Resistance Army (LRA) leader Joseph Kony.
The hearing will be held in the absence of Joseph Kony and will be the first in absentia confirmation hearing held at the ICC. This comes more than a month after the chamber ruled that all the requirements to hold confirmation of charges hearing in the absence of Kony had been met.
Initially, the chamber had scheduled to commence the confirmation of charges hearing on October 15 but was postponed.
In a decision delivered on Thursday, the Chamber ruled that the confirmation of charges hearing of Kony will be held on September 9, 2025, in light of its duty to ensure that sufficient time is provided to both the prosecution and the defence.
According to the decision of the chamber, the date set will enable the prosecution to properly implement the instructions given in separate decisions regarding the disclosure of evidence and the resubmission of the document containing the charges while the defence will adequately prepare for the confirmation of charges hearing.
The Chamber in its decision also directed the Registry to complete notification and outreach activities in respect of the new date for the confirmation of charges hearing within 30 days.
Why in absentia hearing?
The Rome Statute allows for the confirmation of charges proceedings at the Pre-Trial stage in the absence of the suspect, under specific conditions.
In this case, the Chamber found that Kony is a person who ‘cannot be found’ within the meaning of Article 61(2)(b) of the ICC Rome Statute and 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 15 October 2024 and now set to commence on 9 September 2025, have been taken.
Kony remains the longest suspect on the run wanted by the ICC and has eluded arrest since 2005 when an arrest warrant was issued against him. He is suspected of committing 33 counts of crimes comprising war crimes and crimes against humanity allegedly committed in 2003 and 2004 in Northern Uganda.
12 counts of crimes against humanity comprise murder, enslavement, sexual enslavement, rape, and inhumane acts of inflicting serious bodily injury and suffering while 21 counts of war crimes comprise murder, cruel treatment of civilians, intentionally directing an attack against a civilian population, pillaging, inducing rape, and forced enlistment of children.
Trial lawyers in the Office of the Prosecutor at the ICC are however pushing for the hearing of confirmation against Kony to be held in Uganda. Last month, Leoni van Bruan, a senior Trial Lawyer in the Office of the Prosecutor said the ICC was working closely with the Ugandan government to ensure Kony is brought to book including advocating having his in-absentia confirmation of charges hearing in the country.
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