Today, 29 October 2024, Pre-Trial Chamber III of the International Criminal Court ("ICC" or "Court") issued a decision concluding that all the requirements to hold a confirmation of charges hearing in the absence of the suspect Joseph Kony are now met. 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 15 October 2024, have been taken, and (iii) there is cause to hold the confirmation of charges hearing in absentia.
As regards the requirement to notify Mr 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.
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.
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.
Decision on the criteria for holding confirmation of charges proceedings in absentia
Background: The Warrant of Arrest for Joseph Kony was issued under seal on 8 July 2005, amended on 27 September 2005 and unsealed on 13 October 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) allegedly committed in 2003 and 2004 in northern Uganda.
On 12 September 2024, Pre-Trial Chamber III decided to postpone the commencement of the confirmation hearing in the case of The Prosecutor v. Joseph Kony, initially scheduled for 15 October 2024, following the Defence, Prosecution, and Office of the Public Counsel for Victims observations.
More information on the case: English, French
