Today, 12 December 2024, Pre-Trial Chamber III of the International Criminal Court ("ICC" or "the Court") scheduled the confirmation of charges hearing in the case The Prosecutor v. Joseph Kony to commence on 9 September 2025, in the absence of the suspect.
The Chamber set this date in light of its duty to ensure that sufficient time is provided to: (i) 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; and (ii) the Defence, to adequately prepare for the confirmation of charges hearing.
Practical information, in particular on how to attend or watch the hearing, will be provided closer to the date.
The Chamber 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 starting from 6 January 2025, and to report on it to the Chamber no later than 14 February 2025.
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 (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 and now set to commence on 9 September 2025, have been taken, and (iii) there is cause to hold the confirmation of charges hearing in absentia.
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. If the charges are confirmed, the case can only proceed to trial if the accused is present before the Trial Chamber.
Decision Setting the Date of the Confirmation of Charges Hearing and Related Time Limits
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 postponed the commencement of the confirmation hearing in the Kony case, initially scheduled for 15 October 2024, following the Defence, Prosecution, and Office of the Public Counsel for Victims observations. On 29 October 2024, Pre-Trial Chamber III decided that all the requirements to hold a confirmation of charges hearing in the absence of the suspect Joseph Kony were met.
Pre-Trial Chamber III is composed of Judges Althea Violet Alexis-Windsor, Presiding Judge, Iulia Antoanella Motoc and Haykel Ben Mahfoudh.
More information on the case: English, French
