On 12 September 2024, Pre-Trial Chamber III of the International Criminal Court (ICC) decided to postpone the commencement of the confirmation hearing in the case The Prosecutor v. Joseph Kony to a new date, which will be announced at a later stage. The hearing had been initially scheduled to open on 15 October 2024, in the suspect's absence.
The hearing was postponed following the Defence, Prosecution, and Office of the Public Counsel for Victims observations on and proposals for the date of the confirmation of charges hearing. The Chamber noted the circumstances of the proceedings (in particular, the fact that counsel for Mr Kony was appointed in June 2024, the scope of the Prosecutor's allegations, as well as the outstanding matters still to be determined by the Chamber) and decided to vacate the 15 October 2024 date and to postpone the hearing until further notice. The Chamber will set a specific date once it has addressed the outstanding matters that will affect the time-line of the present proceedings.
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 Postponing the Confirmation of Charges Hearing
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.
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